…to assess all of the circumstances of a rebate scheme when determining its legality under Article 102 TFEU. The pursuit of such rebate cases is therefore more difficult now. ________________________________________…
…of high-profile Commission investigations of alleged abuses of dominant positions, particularly in the technology and pharmaceutical sectors. The Commission’s decision in the Intel case related to the legality of rebate…
…some other suggestions. For example, the government could promote market entry by companies with different economic incentives, for example consumer-owned co-operatives that redistribute profits via rebates. It could provide subsidies…
…rejected the distinction between exclusivity rebates (category 2) and other rebates with a fidelity-inducing effect (category 3) (“difference… of degree rather than kind”), and described all such loyalty rebates under…
…in areas where EU law is considered more rigid and formalistic than US law, such as loyalty rebates and vertical restraints. While such a change is certainly possible, Theresa May’s…
…the terms of supply; the supply costs by negotiating bonus and rebate systems; the sales volumes reached by the supplier for certain quantities of orders; as well as other terms…
…category of per se illegal “quasi-exclusivity” rebate schemes. That is to penalize form, not effect. Rather, rebates linked to exclusivity or high market share obligations should be judged in the…
…are de facto only available for offline sales or introduce new and similar online-sales-targeted functional rebates. The FCO’s approach may have far-reaching consequences: manufacturers/suppliers may wish to review their rebate…
…was to gather evidence on whether Deutsche Bahn had abused its dominant position by granting preferential rebates for the supply of electric traction energy to its subsidiaries. Even before the…
…requesting special terms and conditions (“t&cs”) following its acquisition of discounter Plus in 2008 (so-called “wedding rebates”). The ruling is not yet published, only a press release. Legal background The…
