43However, it is settled case-law that if the application of paragraph 1 of that article makes it necessary, among other conditions, to establish, with a sufficient degree of probability, that an agreement, a decision by an association of undertakings or a concerted practice is capable of having an appreciable effect on trade between Member States by having an influence, direct or indirect, actual or potential, on the pattern of trade, at the risk of hindering the attainment or the functioning of the internal market, that condition may be considered fulfilled in the case of conduct that covers the entire territory of a Member State (see, to that effect, judgment of 16 July 2015, ING Pensii, C‑172/14, EU:C:2015:484, paragraphs 48 and 49 and the case-law cited).
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