SIEC … Significant Impediment of Effective Competition Applies to Art 101 TFEU and EU Merger Regulation

  • S: Does the agreement have a significant impact on competition in the market or markets concerned?
  • I: Is the agreement likely to eliminate or significantly restrict competition in the market or markets concerned?
  • E: Even if the agreement does not eliminate or restrict competition, is it likely to lead to a significant impediment of effective competition in the market or markets concerned?
  • C: Can the agreement be justified by objective considerations?

The SIEC Test is used to assess whether an agreement or practice infringes Article 101(1) TFEU (prohibiting anti-competitive agreements).