The Legal Status of Rebates after Post Danmark II
78th Lunch Talk of the Global Competition Law Center Friday, October 30, 2015 from 12:00 PM to 2:00 PM The Legal Status of Rebates after Post Danmark II Nicholas KHAN,…
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Post Danmark II – EU Commission Guidance on Economic Assessment of Rebates Under Article 102 Survives… Just.
…rebates which are generally illegal; (ii) quantity related rebates reflective of cost savings (a near impossible category); and (iii) “third category” rebate schemes which have to be analysed in the…
Rethinking Rebates Policy Under EU Competition Law
…2% increments. The final tier rebate was 16%. The final amount of the rebate was retroactive, since the highest amount was applicable to all volumes during a reference period of…
Advocate general deals another blow to economic assessment of rebates
…offers old-school analysis of Post Danmark’s rebates.[1]See http://curia.europa.eu/juris/document/document.jsf?text=&docid=164331&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=58656. Background The relevant market was the bulk mail market, in which Post Danmark had a monopoly share. Its standardised volume rebate scheme…
Dawn raids – EU’s highest court prevents circumvention of the ban on using dawn raids for fishing expeditions
…and some of its subsidiaries on the grounds that DB might allegedly have abused its dominant position by giving preferential rebates to its subsidiaries when supplying operators with electric traction….
European Commission dawn raids – Advocate General recommends the avoidance of “fishing expeditions”
…on the grounds that DB might allegedly have abused its dominant position by giving preferential rebates to its subsidiaries when supplying operators with electric traction. During this dawn raid, the…
United Kingdom: Pride before a fall in online advertising restrictions or getting away with illegal behaviour that harms vulnerable consumers?
…price. The EU Vertical Restraints Guidelines state that RPM can be implemented in a number of, often indirect, ways, including the fixing of distribution margins or maximum discounts, linking rebates…
Looking back at a 2012 highlight: Post Danmark
…able to justify those significant differences in its rate and rebate conditions by considerations relating to its costs” (para. 8). The complainant prevailed before the Danish Competition Council on the…
Behavioural Economics and EU Competition Law: Knocking on Open Doors? The Case of Art. 102 TFEU
…of an economic one, i.e. a rebate on the combined price of the products) applied upon the demand-side to buy the tied product (in this case the Windows Media Player)….
Confusion remains: ECJ in Tomra repeats conflicting dicta on de minimis
…on rebate schemes. In Tomra, the General Court appeared to say that no degree of foreclosure was permitted, no matter how small, as a result of a rebate scheme. A…