ANTITRUST | Advocate General Rantos presented his conclusions on the evidentiary requirements relating to concerted practices

On 9 July 2026, Advocate General Rantos (AG) presented his conclusions in Case C-357/25 (Groupama) (the Conclusions), concerning a reference for preliminary ruling form the Romanian High Court of Cassation and Justice (the Court) relating to the evidentiary requirements necessary for qualifying an exchange of information between undertakings active in the insurance sector as a concerted practice contrary to Article 101 of the Treaty on the Functioning of the European Union (TFUE). In his Conclusions, AG Rantos stated that a concerted practice does not necessarily involve an exchange of detailed or individualized information on future intentions regarding prices, being the decisive factor the ability of the exchange to reduce or to eliminate uncertainty regarding the behaviors of market participant, having regard to the characteristics of that market. Furthermore, AG Rantos clarified that once collusion had been established and provided the undertaking remains active in the relevant market, there is a presumption of a causal link between the exchange of information and the behavior on the market. On the matter, the AG specified that such presumption is to be rebutted by the undertaking by proving that the conduct on the market did not consider the exchange of information.

Newsletter n. 120 – July 2026