The EU Court of Justice provides new guidance on price discrimination by dominant market players (MEO / Autoridade da Concorrencia)

In April 2018, the CJEU provided guidance in assessing the validity of discriminatory pricing practices under EU rules governing dominant market players, in a preliminary ruling in case C-525/16 MEO v. Autoridade da Concorrencia. The central issue—price discrimination—is notoriously contentious in view of scarce case law and strong (opposing) views among scholars and economists. Undertakings with a dominant position are prohibited under EU competition law (in the Treaty on the Functioning of the European Union or "TFEU") from applying "dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage."(Article 102 TFEU). The CJEU was called