Appreciability Test

European Competition Law principle similar, but not absolutely the same as the Rule of Reason. Appreciability has two parts:

(1) for a case to fall within the jurisdiction of the European Competition rules (as opposed to National or member-state competition law) the activities under investigation must have an appreciable impact on trade between the member states of the European Union (and as appropriate the EEA); and,

(2) the activity under investigation must constitute an appreciable restriction on competition, i.e., it must have a genuine negative impact on the competitive environment within the EU (or EEA.)

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