Banks can take steps to protect their loans and guarantee the value of their investments, such as for example. B the requirement of guarantees or guarantees on the part of borrowers. The law exempts so-called “traditional banking practices” from its illegality and, therefore, its purpose is not so much to limit banks` lending practices as to ensure that the practices used are fair and competitive. A large part of the claims collected under the BHCA are rejected. Banks still have some leeway in designing credit agreements, but if a bank has far exceeded the limits of decency, the claimant is compensated three times the damages. The guidelines on enforcement priorities referred to in Article 102 set out the circumstances in which enforcement practices should be taken. It must first be determined whether the undertaking in question has a dominant position on the market for related or binding products[31]. The next step will be to determine whether the dominant undertaking has linked two different products. This is important because two identical products cannot be considered related under Article 102(2)(d), where it is stated that the products are considered to be related if they do not have compounds `by reason of their nature or commercial use`. This results in problems with the legal definition of what boils down to a niche in the scenarios of selling cars with tires or selling a car with a radio. Therefore, the Commission provides guidance on this subject by citing the Microsoft judgment[32] and stating that “two products are different if, without coupling or bundling, a significant number of customers have purchased or purchased the linked product without purchasing the linked product from the same supplier, which allows autonomous production for both the tied product and the tied product[33]. Next, the question is whether the customer has been compelled to purchase both the tied and tied products, as proposed in Article 102(2)(d): `make the conclusion of contracts subject to the acceptance of additional obligations by the other parties`.
In contractual situations, it is clear that the test is carried out[34]; For an example of non-contractual strings, you can find Microsoft.[35] In addition, the consideration of an undertaking as anti-competitive must be examined in order to determine whether the link may have a foreclosure effect. [36] Some examples of linkage practices with an anti-competitive foreclosure effect in the case law are IBM[37], Eurofix-Bauco/Hilti[38] , Telemarketing/CLT[39] , British Sugar[40] and Microsoft[41]. Subsequently, the dominant undertaking has the defence that it can foresee that liability is objectively justified or that it improves efficiency, and the Commission is prepared to examine claims that may lead to economic efficiency of production or distribution that benefit consumers. [42] “Trespassing Agreement.” Merriam-Webster.com dictionary, merriam weaver, www.merriam-webster.com/dictionary/tying%20agreement. Retrieved November 27, 2020. Watering Apple products is an example of a commercial binder that has recently sparked controversy.. . . .