If competition in a particular market is limited by the cumulative effect of agreements to sell goods or services made by different suppliers or distributors (cumulative lock-in effect of parallel agreements with similar effects on the market), the market share thresholds covered at points 8 and 9 are reduced to 5% for both agreements between competitors and for agreements between non-competitors. Individual suppliers or distributors with a market share of 5% or less are generally not considered a significant contribution to a cumulative partitioning effect (8). A cumulative silos effect is unlikely if less than 30% of the market in question is covered by parallel agreements (networks of) agreements with similar effects. Impact New De minimis communication Recommendation review measures Comment (4) For actual or potential competitors, see the Commission`s communication entitled “Guidelines on the applicability of Article 81 of the EC Treaty to horizontal cooperation agreements,” JO L 347 of 31.12.2006, p. C 3, 6.1.2001, para. 9. A company is considered a real competitor when operating in the same market in question or if, in the absence of the agreement, it is able to convert production to the affected products and market them in the short term, without incurring significant additional costs or risks in response to a small and lasting increase in relative prices (immediate substitution on the supply side). A company is considered a potential competitor if there is evidence that, without the agreement, it could and could make the additional investments or other conversion costs necessary to enter the market in question in response to a small and sustained increase in relative prices. In the discussion paper attached to the new communication entitled “Competition Restrictions Guidelines,” which aims to determine which agreements can benefit from the de minimis disclosure, the Commission provides a useful summary of the various anti-competitive restrictions that the Court`s jurisprudence considers to be restrictions on competition or characterized restrictions. , in the category exemption regulations, in the guidelines and in the Commission`s decision-making practice. It sets out how the European Commission determines which agreements do not significantly affect competition under EU law.
(12) For example, trademark licensing agreements and most types of agreements between competitors, with the exception of research and development and specialisation agreements, are not covered by a category exemption regulation. (7) With regard to the definition of actual or potential competitors, see the Commission`s communication – Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal cooperation agreements (OJ L 347 of 19.12.2001, p. JO C 11, 14.1.2011, p. 1), Z. 10. Two companies are considered real competitors when operating in the same market in question. A company is considered a potential competitor to another company if, in the absence of an agreement, it is likely, in the event of a minor but sustained increase in relative prices, that it would make, in a short period of time, the additional investments or other conversion costs necessary to enter the market in question in which it operates. Companies with low market share in a given market benefit from a secure port under their agreements, which do not have a significant restriction on competition. As in the previous version of the de minimis communication, the Commission assesses the significant restriction of competition on the basis of market share. Agreements between competitors with a total market share of no more than 10% are not covered by the general ban on anti-competitive agreements (Article 101 of the Treaty on the Functioning of the European Union (TFUE).