Loyalty Rebates Eu Competition Law

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Loyalty Rebates Eu Competition Law The present chapter investigates the antitrust rules applicable to loyalty or fidelity rebate schemes under EU competition and US antitrust law It finds that antitrust liability for a dominant company will more readily be established in the EU where the applicability of economics based tests is still being navigated

An article addressing practical counselling issues in relation to the EU competition law analysis of rebate schemes under Article 102 of the TFEU after the ECJ s judgment in Intel Case C 413 14 P on 6 September 2017 This thesis analyses loyalty rebates which are commonly applied in various types of markets and industries In EU Competition Law when a dominant undertaking applies such pricing practices it has resulted in substantial fines and findings of abuse of a dominant position under Article 102 TFEU

Loyalty Rebates Eu Competition Law

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Loyalty Rebates Eu Competition Law
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In an area of antitrust law that does not lack controversial rulings the treatment of loyalty rebates under Article 102 of the Treaty on the Functioning of the European Union TFEU is perhaps the most heavily disputed field ECJ JUDGMENT This presentation gives an overview of the Intel case and provides an outlook on the assessment of exclusionary conduct by dominant firms Intel is a key case for assessing loyalty rebates under EU law More generally Intel concerns the principles of evaluating potentially exclusionary conduct under Article 102 TFEU

Therefore after an in depth evaluation of the as efficient competitor test the new approach of the European Commission towards loyalty discounts and rebates is discussed in details with reference to a controversial antitrust case recently examined at The present chapter investigates the antitrust rules applicable to loyalty or fidelity rebate schemes under EU competition and US antitrust law It finds that antitrust liability for a dominant company will more readily be established in the EU where the applicability of economics based tests is still being navigated

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Loyalty rebates and the more economic approach to EU competition law Peter van Wijck European Competition Journal 2021 vol 17 issue 1 1 22 Abstract In 2009 the European Commission published the art 102 guidance regarding abusive exclusionary conduct by dominant undertakings In the paper the fundamental question is under what conditions loyalty discounts and rebates adopted by a dominant rm cause anti competitive e ects Fidelity schemes al though extremely frequent in the market if applied by a dominant rm are likely to be judged as illegal per se as demonstrated by the EU case law delivered so far and the se

Affirming Extraterritoriality of EU Competition Law The ECJ rejected Intel s argument that the Commission lacked jurisdiction over rebates granted to Chinese companies for products mainly sold in China Whereas U S jurisprudence has traditionally considered loyalty rebates to be a pro competitive business practice the Court of Justice of the European Union has repeatedly held that loyalty rebates are an illegal means of distorting competition

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Loyalty Rebates Under EU Competition And US Antitrust Law

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3873148
The present chapter investigates the antitrust rules applicable to loyalty or fidelity rebate schemes under EU competition and US antitrust law It finds that antitrust liability for a dominant company will more readily be established in the EU where the applicability of economics based tests is still being navigated

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A Practical Approach To Rebates 102 Of The TFEU After The ECJ s

https://www.bakermckenzie.com/-/media/files/...
An article addressing practical counselling issues in relation to the EU competition law analysis of rebate schemes under Article 102 of the TFEU after the ECJ s judgment in Intel Case C 413 14 P on 6 September 2017


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Loyalty Rebates Eu Competition Law - In an area of antitrust law that does not lack controversial rulings the treatment of loyalty rebates under Article 102 of the Treaty on the Functioning of the European Union TFEU is perhaps the most heavily disputed field