Appreciability and De Minimis in Article 102 TFEU

7 Journal of European Competition Law & Practice, Forthcoming

22 Pages Posted: 28 Sep 2016

See all articles by Pablo Ibáñez Colomo

Pablo Ibáñez Colomo

London School of Economics - Law Department

Date Written: September 26, 2016

Abstract

• 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

Ibáñez Colomo, Pablo, Appreciability and De Minimis in Article 102 TFEU (September 26, 2016). 7 Journal of European Competition Law & Practice, Forthcoming , Available at SSRN: https://ssrn.com/abstract=2843609

Pablo Ibáñez Colomo (Contact Author)

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

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