De Minimis Definition

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GLOSSARY

/ˌdeɪ ˈmɪnɪmɪs/

What does De Minimis mean?

De minimis is a legal principle which allows matters of insufficient importance or small scale to be exempted from a rule or requirement.

De minimis is recognised in some areas of EU law. In the context of competition law, the Commission issued a notice on agreements of minor importance which do not appreciably restrict competition under Article 101(1) TFEU. Similarly, in the context of state aid, the de minimis rule exempts state aid under a certain threshold from approval by the European Commission.

Some agreements that appear to infringe Article 101(1) TFEU and/or the Competition Act 1998, s 2 may nevertheless fall outside the prohibition if they only have an insignificant effect on the market, and are thereby deemed to be de minimis. The de minimis doctrine has been developed by the European Commission through a series of Notices, setting out quantitative thresholds for when agreements will have an insignificant effect on the market, based on the position of the undertakings on the relevant market.

EU

De minimis is a legal principle which allows matters of insufficient importance

View the related checklists about De Minimis

Investment agreement—checklist

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Checklist for establishing an EBT

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Charity litigation key case—HM Attorney General v Zedra Fiduciary Services [Archived]

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Warranty limitations—pro-seller—share purchase agreement

Insert the following definitions as new definitions into clause 1 of Precedent: Share purchase agreement—pro-buyer—corporate seller—conditional—long form: 1 Definitions and interpretation Claim means a claim by the Buyer for any breach of the provisions of this Agreement (including a claim for breach of the Warranties); Data Room means the data room relating to the [Company OR Group] comprising all contracts, agreements, licences, documents and other information made available to the Buyer and its advisers, as listed in the Data Room index attached to the Disclosure Letter; The ScheduleLimitations on the Warranties ...

Share purchase agreement—pro-buyer—corporate seller—conditional—long form

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Dive into our 39 Precedents related to De Minimis

What types of offences under the Proceeds of Crime Act 2002 (POCA 2002) should lawyers (who are acting in the 'regulated sector' under POCA 2002) and buyers be aware of in M&A transactions? If any such offence is identified as part of the due diligence process, what action should be taken and can this impact the timing of the transaction?

What types of offences under the Proceeds of Crime Act 2002 (POCA 2002) should lawyers (who are acting in the 'regulated sector' under POCA 2002) and buyers be aware of in M&A transactions? If any such offence is identified as part of the due diligence process, what action should be taken and can this impact the timing of the transaction? Under the Proceeds of Crime Act 2002 (POCA 2002), money laundering is defined as: • concealing, disguising, converting, transferring or removing criminal property out of the jurisdiction • entering into or becoming concerned in an arrangement that facilitates the acquisition, retention, use or control of criminal property, and • acquiring, using or possessing criminal property Money laundering is further defined in the Terrorism Act 2000. It is an offence to enter into or become concerned in an arrangement that facilitates the retention or control by or on behalf of another person of terrorist property: • by concealment • by removal from the jurisdiction • by...

If a grant agreement concluded before the end of the transition period is deemed to be de-minimis aid under the current State aid regime, can the grant payments continue to be made after the end of the transition period on that basis?

If a grant agreement concluded before the end of the transition period is deemed to be de-minimis aid under the current State aid regime, can the grant payments continue to be made after the end of the transition period on that basis? The short answer is that the position is not clear as it depends on legislation which is presently in draft. Under the Withdrawal Agreement, the UK remains subject to existing EU State aid rules during the transition/implementation period and the EU authorities retain competence to initiate State aid administrative procedures in respect of the UK for four years after the end of the transition period on 31 December 2020 (IP completion day). However, as noted in the query, the detail of the State aid regime and approach in the UK after IP completion day is not clear. Assuming that draft legislation recently presented to Parliament (the State Aid (Revocations and Amendments) (EU Exit) Regulations 2020, SI 2020/Draft) does become law, then as of IP...

See the 49 Q&As about De Minimis

UK Competition law—daily round-up (11/12/2024)

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State aid—weekly round-up 11 December 2024

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