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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

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

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