What does an appreciable negative effect on competition mean?
Click here to read the full article onlineThroughout the years, much intellectual energy has been invested into drawing the line between being anti-competitive by object or by effect, ignoring that an infringement must also be appreciable. Most likely based on a presumption that this is no longer a separate requirement, but part of analyzing the former. However, case law does not render full support for this, thus making it necessary to revisit the issue of being appreciable as a potential separate requirement.