National Competition Authorities in Europe are Not Bound by The European Commission de Minimis Notice

By on January 10, 2013

by Philipp Werner and Wilko van Weert

On 13 December 2012, the Court of Justice of the European Union (CJEU) held that national competition authorities (NCAs) can apply European competition rules, and fine companies for an infringement of EU rules, even in cases where the European Commission considers that Article 101(1) Treaty on the functioning of the European Union (TFEU) is not applicable.

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