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Conditional Rebate Schemes and the More Economic Approach: Back to the Future?


Molestina, Julia; Picht, Peter Georg (2015). Conditional Rebate Schemes and the More Economic Approach: Back to the Future? IIC : International Review of Intellectual Property and Competition Law, 46(2):203-211.

Abstract

In 2009, The EU Commission’s priority notice (guidance paper) appeared to introduce a new era in the treatment of price-related exclusionary conduct. Being an implementation of the more economic approach the “as efficient competitor” test (hereinafter “AEC test”) entered the stage as the relevant yardstick for assessing conditional rebates. Recently, the European courts have ruled on conditional rebates in Tomra and Intel. Beyond assessing the specific facts at hand, the General Court and the Court of Justice took a stand on the application of the more economic approach to abusive rebates by dominant firms. This article will analyse these rulings and their potential impact on the treatment of rebates under EU competition law.

Abstract

In 2009, The EU Commission’s priority notice (guidance paper) appeared to introduce a new era in the treatment of price-related exclusionary conduct. Being an implementation of the more economic approach the “as efficient competitor” test (hereinafter “AEC test”) entered the stage as the relevant yardstick for assessing conditional rebates. Recently, the European courts have ruled on conditional rebates in Tomra and Intel. Beyond assessing the specific facts at hand, the General Court and the Court of Justice took a stand on the application of the more economic approach to abusive rebates by dominant firms. This article will analyse these rulings and their potential impact on the treatment of rebates under EU competition law.

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Additional indexing

Item Type:Journal Article, refereed, original work
Communities & Collections:02 Faculty of Law > Institute of Legal Sciences > Business Law
Dewey Decimal Classification:340 Law
Uncontrolled Keywords:conditional rebates; more economic approach; competition law
Language:English
Date:2015
Deposited On:08 Dec 2016 08:10
Last Modified:08 Dec 2017 21:16
Publisher:Verlag C.H. Beck
ISSN:0018-9855
Publisher DOI:https://doi.org/10.1007/s40319-015-0307-2
Related URLs:http://www.recherche-portal.ch/ZAD:default_scope:ebi01_prod000009460 (Library Catalogue)

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