“…That an infringement of article 101(1) by “effect” requires an appreciable effect on competition can be seen from, for example, Case C-226/11 Expedia Inc v Autorité de la concurrence EU:C:2012:795, [2013] Bus LR 705. In that case, the CJEU noted that it was “settled case-law that an agreement of unde…”
“…s and are not binding on the CJEU, national courts or competition authorities. As the Notice itself makes clear, it merely expresses the Commission’s view: see Case C-226/11 Expedia Inc v Autorité de la Concurrence [2013] 4 CMLR 14; EU:C: 2012:795 at 27 -31 and section 60(3) of the 1998 Act. Accordingly, the reference to percentage…”