The EUCJ Advocate General Kokott asserts that agreements with an anti-competitive object cannot be deemed as de minimis infringements (Expedia)

The concept of ‘appreciable restriction of competition’ in ‘object’ cases under Article 101(1) TFEU – AG Kokott in Expedia* On 6 September 2012 AG Kokott issued her Opinion in Case C-226/11 Expedia Inc. The case results from a preliminary reference made by the French Cour de cassation in proceedings between Expedia and the French competition authority, the Autorité de la concurrence. The case touches on some interesting (and surprisingly under-developed) issues under the law on anti-competitive agreements contained in Article 101 TFEU – in particular, what a competition authority (and, by extension, a private law claimant) has to do to show that an agreement which restricts competition by object (rather than by effect) does so appreciably. The facts of the Expedia case, in brief, were that

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Christopher Brown, The EUCJ Advocate General Kokott asserts that agreements with an anti-competitive object cannot be deemed as de minimis infringements (Expedia), 6 September 2012, e-Competitions September 2012, Art. N° 62169

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