Updates & Corrigenda

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Dear Reader of "Essential EU Competition Law in Charts, 2011 Edition". Please take note of the following updates and corrigenda:

Update | p. 29

Page: 029 Chapter: 2. Conduct of undertakings Chart Number: C12 Chart Title: The de minimis rule regarding effect on competition

The text in the 2nd row must read:

Guidance from the Commission through the Commission Notice on agreements of minor importance (2014):
Art. 101(1) TFEU does not apply where certain market share thresholds are not exceeded and where the agreements do not have as their object to restrict competition (e.g. agreements containing hardcore restrictions).



The text in the box entitled “Vertical agreements” (3rd row, on the right hand side) must read:

Vertical agreements: ≤15%

I.e. agreements between non-competitors; see Chart C8

Threshold of 15% _ market share in any of the relevant markets affected by the agreement.


The text in the last row, on “Practical consequence”, must read:

Practical consequence

In the case of undertakings with market shares below the relevant thresholds, the Commission will not institute proceedings (see Chart C35), unless the agreement has as its object to restrict competition; see Chart C13.


Add a new box at the very end (bottom) of the chart:


•     Being part of the EU’s soft-law (see Chart B10), Commission Notices and Guidelines in the field of competition are not binding on the Member States; Pfleiderer (2011).

•     Accordingly, the De Minimis Notice is not binding on the Member States, including the national competition authorities and the national courts. However, by this notice, the Commission imposes a limit on the exercise of its discretion in the application of Art. 101(1) TFEU; Expedia (2012).

Published: 22 August 2014