'De minimis' notice in the European Union Law
Concept of 'De minimis' notice provided by the “Glossary of terms used in EU competition policy” (Antitrust and control of concentrations, published in 2002): Communication from the Commission clarifying under what condi-tions the impact of an agreement or practice on competition within the common market can, in its view, be considered to be non-appre-ciable, namely where the aggregate market share of the undertakings involved remains below certain thresholds. In addition, agreements between small and medium-sized enterprises are said to be rarely capable of significantly affecting trade between Member States or competition within the common market; they will in any event not normally be of sufficient Community interest to justify intervention. In short, agreements or practices falling under the 'de minimis' notice are considered to be of minor Community importance and are not examined by the Commission under EC competition law. National competition authorities may however, examine certain cases.
(See: Commission notice on agreements of minor importance which do not appreciably restrict competition under Article 81(1) of the Treaty establishing the European Community (de minimis) (OJ C 368, 22.12.2001).)