Judgment_paragraph 48 · ING Pensii, Societate de Administrare a unui Fond de Pensii Administrat Privat SA v Consiliul Concurenței (C-172/14)

48Lastly, in order for the condition that an agreement within the meaning of Article 101(1) TFEU must be capable of affecting trade between Member States to be fulfilled, it must be possible to foresee with a sufficient degree of probability, on the basis of a set of objective factors of law and of fact, that the agreement may have an influence, direct or indirect, actual or potential, on the pattern of trade between Member States in such a way as to cause concern that it might hinder the attainment of a single market between Member States. Moreover, that effect must not be insignificant (see judgments in Javico, C‑306/96, EU:C:1998:173, paragraph 16; Bagnasco and Others, C‑215/96 and C‑216/96, EU:C:1999:12, paragraph 47; and Dalmine v Commission, C‑407/04 P, EU:C:2007:53, paragraph 90).