In this communication, the Commission draws attention to the circumstances in which it considers that agreements that may have the effect of preventing, restricting or distorting competition in the internal market do not constitute a significant restriction of competition within the meaning of Article 101 of the Treaty. This negative definition of quirk does not mean that agreements between companies that exceed the thresholds set out in this submission constitute a significant restriction on competition. These agreements can have only a negligible effect on competition and therefore cannot be prohibited under Article 101, paragraph 1, of the Treaty (3). This negative definition of visibility does not mean that agreements between companies that exceed the thresholds set out in this communication substantially limit competition. Such agreements can still have only a negligible effect on competition and therefore cannot be prohibited under Article 101, paragraph 1, of the TFUE. The Commission also considers that the agreements do not substantially restrict competition if the market shares held by the parties to the agreement do not exceed the 10 per cent, 15 per cent and 5 per cent thresholds for two consecutive calendar years by more than 2 percentage points. Restrictions on sale for buyers, takers or suppliers and the maintenance of the resale price fall into the category of agreements between non-competitors. where the total market share held by the parties to the agreement does not exceed 10% in one of the markets affected by the agreement, where the agreement is reached between actual or potential competitors in one of these markets (agreements between competitors) (7); Or following the decision of the European Court of Justice (ECJ) in Expedia, the Commission decided to explicitly exclude the provisions of the “safe harbor” agreements aimed at restricting competition (“by objective”). In Expedia, the European Court of Justice found that an agreement with such restrictions constituted “a significant restriction of competition for their nature and regardless of any concrete impact.”