Nor can the agreements be covered by Article 101, paragraph 1, of the Treaty, because they cannot significantly affect trade between Member States. This communication does not indicate what a significant effect is on trade between Member States. Guidelines in this regard are found in the Commission`s communication on effects on trade (4), in which the Commission quantifies, using a combination of a market share threshold of 5% and a turnover threshold of EUR 40 million, which the agreements are not in principle able to significantly affect trade between Member States (5). As a general rule, these agreements are not covered by Article 101, paragraph 1 of the Treaty, even if they are intended to prevent, restrict or distort competition. The Commission heresy announces the submission of the following agreements under the Shipping Act 1984. Interested parties may send comments, relevant information or documents relating to the agreements to the Secretary by email to Secretary@fmc.gov or by mail to the Federal Maritime Commission, Washington, DC 20573. The comments are very useful to the Commission when they are received within 12 days of the date on which this notice will be published in the Federal Register. Copies of agreements can be obtained via the Commission`s website (www.fmc.gov) or the Agreements Office at 202-523-5793 or tradeanalysis@fmc.gov. With regard to agreements between competitors, the discussion paper analyses agreements relating to price fixing, market distribution, production restrictions, supply manipulation, boycott, exchange of information on future prices and quantities, as well as restrictions on the implementation of the R and D and defines the conditions under which the de minimis exemption may apply. The European Commission has revised its de minimis communication on low-importance agreements that are not covered by the ban on Article 101 of the TFUE by limiting its scope and has published a discussion paper on the concept of restriction. However, even where an agreement contains “purposeal” restrictions, it is not necessarily subject to the prohibition of anti-competitive agreements under Article 101, paragraph 1 of the EUSP, if it does not have a significant effect on trade between Member States.

In light of the clarification made by the Court of Justice in point 2 above, this communication does not apply to the decision to prevent, restrict or distort competition in the internal market. The Commission will therefore not apply to such agreements the safe port created by the market share thresholds covered at points 8, 9, 10 and 11 (10).