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Appreciability and de minimis in Article 102 TFEU

Ibáñez Colomo, Pablo (2016) Appreciability and de minimis in Article 102 TFEU. Journal of European Competition Law and Practice. ISSN 2041-7764

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Identification Number: 10.1093/jeclap/lpw072

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.

Item Type: Article
Official URL: http://global.oup.com/?cc=gb
Additional Information: © 2016 The Author
Divisions: Law
Subjects: K Law > KD England and Wales
Sets: Departments > Law
Date Deposited: 18 Oct 2016 10:41
Last Modified: 02 Aug 2020 23:45
URI: http://eprints.lse.ac.uk/id/eprint/68066

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