Appreciability and De Minimis in Article 102 TFEU
7 Journal of European Competition Law & Practice, Forthcoming
22 Pages Posted: 28 Sep 2016
Date Written: September 26, 2016
• In Post Danmark II, the Court held that, in the context of Article 102 TFEU, it is not necessary to show that an anticompetitive effect is of a ‘serious’ or ‘appreciable’ nature to apply that provision.
• In this context, the notion of ‘appreciability’ must be distinguished from that of ‘likelihood’, which refers to the probability of the anticompetitive effects of the practice.
• The notion must also be distinguished from that of effects as, contrary to what has sometimes been suggested, ruling out the need to show the appreciability of an anticompetitive effect does not say anything about what an effect is.
Keywords: appreciability, de minimis, abuse, anticompetitive effects
JEL Classification: K21; L12; L41; L42
Suggested Citation: Suggested Citation