An agreement that has no appreciable effect on competition.

Early case law established that an agreement is caught by Article 101 only if it has an ‘appreciable’ effect on the market. Agreements of minor importance (de minimisagreements) are not prohibited. The Notice on agreements of minor importance sets out the Commission’s view of de minimis agreements. Agreements affecting trade between Member States do not appreciably affect competition if the parties’ aggregate share of the relevant market does not exceed 10% (for horizontal agreements) or 15% (for vertical agreements).

Last Updated On oktober 01, 2019