OTOC Ruling
The questions concerned the compatibility with Article 101 of the Treaty on the Functioning of the European Union of the Credits Formation Regulation, adopted by OTOC in order to ensure the quality of the services provided, in particular in relation to its provisions on mandatory training of its members.
The Court of Justice ruled that such regulation integrates the notion of «decision taken by an association of undertakings» within the meaning of Article 101 of the Treaty, even though OTOC is compelled to enforce such a system. The fact that its legal rules do not affect directly the economic activity of its members is without prejudice to the application of said provision since the alleged infringement relates to a market in which it carries out an economic activity.