De minimis notice: Exemption for agreements of minor importance

SUMMARY OF:

Notice on agreements of minor importance which do not appreciably restrict competition (De Minimis Notice)

WHAT IS THE AIM OF THE NOTICE?

It sets out how the European Commission determines which agreements do not appreciably affect competition under EU law.

KEY POINTS

Article 101(1) Treaty on the Functioning of the European Union

• This article prohibits agreements between businesses that are liable to prevent, affect or distort competition within the EU.
• The Court of Justice of the EU (CJEU) has consistently recognised that this article does not apply where the agreement has no appreciable impact on trade or competition within the EU.

Notice

It provides a safe harbour* for agreements between businesses which the Commission considers to have no appreciable effects on competition.

This safe harbour applies on condition that:

• the market shares of the undertakings concluding those agreements do not exceed
  • 10% for agreements between competitors or
  • 15% for agreements between non-competitors; and
• the agreements do not have as their object to restrict competition.

To assist businesses, the notice is accompanied by a Staff Working Document setting out guidance on restrictions of competition ‘by object’.

BACKGROUND

For more information, see:

• De minimis notice (European Commission).

KEY TERMS

MAIN DOCUMENT

Communication from the Commission — Notice on agreements of minor importance which do not appreciably restrict competition under Article 101(1) of the Treaty on the Functioning of the European Union (De Minimis Notice) (OJ C 291, 30.8.2014, pp. 1-4)

RELATED DOCUMENTS

Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title VII — Common rules on competition, taxation and approximation of laws — Chapter 1 — Rules on competition — Section 1 — Rules applying to undertakings — Article 101 (ex Article 81 TEC) (OJ C 202, 7.6.2016, pp. 88-89)

Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title VII — Common rules on competition, taxation and approximation of laws — Chapter 1 — Rules on competition — Section 1 — Rules applying to undertakings — Article 102 (ex Article 82 TEC) (OJ C 202, 7.6.2016, p. 89)

last update 29.05.2020