Commission Notice on Minor Agreements

Commission Notice on Minor Agreements
03/03/2023 Mats Bentzen

As a professional, I understand the importance of staying up-to-date with current legal regulations. One such regulation that may impact businesses is the recently announced Commission Notice on Minor Agreements.

This notice, issued by the European Commission, outlines new rules on how the commission will evaluate so-called “minor agreements” under EU competition law. Minor agreements are generally defined as those that have a low impact on competition and are not expected to raise any concerns.

Under the new rules, minor agreements will likely be subject to a less stringent review process. This means that businesses who enter into such agreements will not be required to submit as much information or documentation as they would for larger, more impactful agreements.

However, it is important to note that the new rules do not mean that minor agreements are exempt from EU competition law. Businesses must still ensure that any agreement they make falls within the boundaries of the law and does not harm competition in any way.

The commission notice also outlines new thresholds for what constitutes a minor agreement. These thresholds are based on the combined market share of the parties involved and the value of the agreement. For example, an agreement between two parties with a combined market share of less than 10% and a value of less than €10 million would likely be considered a minor agreement.

For businesses, this notice means that they may be able to enter into certain agreements with less regulatory burden. However, it is crucial that they still ensure compliance with the law and fully understand the new guidelines before making any agreements.

In conclusion, the Commission Notice on Minor Agreements is an important regulation that businesses should be aware of. The new rules on evaluating and regulating minor agreements could offer certain businesses greater flexibility, but it is important to stay informed on compliance guidelines to ensure that any agreement made is legal and does not harm competition.