The EU Commission releases its revised de minimis notice explaining that agreements having as their object the prevention, restriction or distortion of competition within the internal market fall outside the scope of the notice

Plus ça change, plus c’est la même chose: Revised EU de minimis notice retains % thresholds, clarifies per se rule* Nothing new: The newly-revised de minimis notice of the European Commission isn’t that novel The revised Notice (after its 1997 and 2001 predecessors) retains the 10% and 15% market-share thresholds for agreements between horizontal and non-horizontal competitors, respectively, which create a safe harbor from EC prosecution for an Art. 101(1) violation. The document merely adds formal color and substance to the issue of what types of agreements fall within its “safe harbor” and which

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