The EU Court of Justice rules on retroactive loyalty rebates and offer clarity(Post Danmark II)

The first Post Danmark case in 2012 [1] brought about a modest antitrust revolution on Article 102 applicable to discrimination. Rarefied economic concepts were confirmed. Price discrimination as a standalone abuse was all but confined to a historical footnote in antitrust textbooks, to be replaced by a predation type test. Article 102 was ripe for overhaul and Post Danmark provided the vehicle. The Economic Test at Stake… Commentators expecting the same much-needed revamp of Article 102 rebates case law from the sequel, Post Danmark II, will be disappointed. At stake was the Commission's much vaunted Article 102 Enforcement Priorities Guidance approach to rebates. This

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Edward Batchelor, The EU Court of Justice rules on retroactive loyalty rebates and offer clarity(Post Danmark II), 6 October 2015, e-Competitions Bulletin October 2015, Art. N° 84666

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