STEP 5: Does the abuse of the ability to affect inter-state trade?
3 important questions on STEP 5: Does the abuse of the ability to affect inter-state trade?
Does the European Commission have jurisdiction of a anti-competitive practices outside the EU under Article 102 TFEU?
Applies only to conduct that 'may affect trade between Member States'
What is the threshold for affecting trade and whether the conduct requires drastic changes in competition (Commercial Solvents)
The threshold is low and only requires conduct which alters the structure of competition in the market.
Does there have to be actual effects to trade (Hugin)?
No, there could be potential effect on trade.
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