CASE COMMENTS : ANTICOMPETITIVE PRACTICES – VERTICAL AGREEMENT – ONLINE SALES OF PACKAGED TRIPS – PRELIMINARY RULING – INTERPRETATION OF THE DE MINIMIS NOTICE – APPRECIABLE EFFECT ON TRADE – IMPLEMENTATION OF EU LAW BY NATIONAL COMPETITION AUTHORITY

Interpretation of the de minimis notice: The Court of Cassation refers to the Court of Justice for a preliminary ruling asking whether an agreement that does not reach de minimis threshold can be pursued and sanctioned by the ANC on the ground of both EU and national competition law (Expedia)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, May 10, 2011, Expedia, No. 10-14881, "online travel sales sector". Is there a contradiction between the European Commission's de minimis notice of 22 December 2001 and the case law of the Court on the concept of anti-competitive object? Can a national competition authority sanction on the dual basis of national and European law an anti-competitive practice which does not meet the thresholds set by the Commission in that de minimis notice and what is the

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Authors

  • DS Avocats (Paris)
  • Commissariat à l’énergie atomique et aux énergies alternatives (CEA)

Quotation

Michel Debroux, Malgorzata Pujdak, Interpretation of the de minimis notice: The Court of Cassation refers to the Court of Justice for a preliminary ruling asking whether an agreement that does not reach de minimis threshold can be pursued and sanctioned by the ANC on the ground of both EU and national competition law (Expedia), 10 May 2011, Concurrences N° 3-2011, Art. N° 37355, pp. 105-106

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