Agreement Of Minor Importance

These thresholds are reduced to 5% for both competitors and non-competitors, where parallel networks of similar agreements result in a cumulative lock-in effect on the market. These thresholds have not been revised in the new version of the de minimis note. Article 101 of the TFUE prohibits any agreement between companies with the purpose or effect of preventing, restricting or eliminating competition in the internal market. Where the distinction between competition restrictions with an actual purpose or purpose concerns the evidence and (…) (1) Commission communication on low-importance agreements that do not materially restrict competition under Article 101, paragraph 1, of the TFUE (de minimis communication). where the total market share held by the parties to the agreement does not exceed 10% in one of the markets affected by the agreement, where the agreement is reached between actual or potential competitors in one of these markets (agreements between competitors) (7); or the Commission`s de minimis communication, originally published in 2001, sets out the conditions under which the agreements should not significantly restrict competition and therefore fall outside the scope of Article 101 of the EUF. Like the Commission`s class exemption regulations, the 2001 de minimis release contained a list of restrictions on competition that, when contained in an agreement, excluded the application of the de minimis exemption. This implies that an agreement that did not contain such characterized restrictions could benefit from the de minimis exemption, even if the thresholds for participation in value of market share are not exceeded, even if there is a “per object” restriction. The European Commission has revised its de minimis communication on low-importance agreements that are not covered by the ban on Article 101 of the TFUE by limiting its scope and has published a discussion paper on the concept of restriction. The Commission also considers that the agreements do not substantially restrict competition if the market shares held by the parties to the agreement do not exceed the 10 per cent, 15 per cent and 5 per cent thresholds for two consecutive calendar years by more than 2 percentage points. For the purposes of this notice, the terms “company,” “party to the agreement,” “distributor” and “supplier” include their respective related companies. The new communication indicates that only companies that, in good faith, believe that they have not reached market share thresholds, do not receive fines.

Posted on: April 8, 2021, by : greyson