Previous article Next article

De minimis : An overview of EU and national case law

1. De minimis in Article 101(1) TFEU The appreciability requirement has received renewed attention after the CJEU held in Expedia that ‘an agreement that may affect trade between Member States and that has an anti-competitive object constitutes, by its nature and independently of any concrete effect that it may have, an appreciable restriction on competition’ [1], and the Commission revised its de minimis Notice accordingly [2]. The confusion surrounding the appreciability criterion is caused by a number of interrelated factors, which will be enumerated in this paragraph and then discussed in turn. First, it probably does not help that the element is an unwritten one, developed in case law (and easily overlooked by students, as anyone teaching competition law will testify). The

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.


PDF Version



Florian Wagner-von Papp, De minimis : An overview of EU and national case law, 6 May 2015, e-Competitions De minimis, Art. N° 72780

Visites 547

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues