Judgment_paragraph 90 · Air Canada v European Commission (C-367/22 P)

90First, in so far as Air Canada claims that, in the decision at issue, the Commission did not establish that the conduct at issue was capable of producing foreseeable, immediate and substantial effects in the internal market and relied on a mere hypothesis of effects ‘liable’ to be produced, it should be noted that that line of argument is directed not against the judgment under appeal, but rather the decision at issue, and that it must, therefore, be rejected as inadmissible (see, by analogy, judgment of 29 June 2023, TUIfly v Commission, C‑763/21 P, EU:C:2023:528, paragraph 53 and the case-law cited).