Introduction On 10 August 2017, the UK Competition and Markets Authority (CMA) issued a rare ‘no grounds for action’ decision following its investigation into whether certain rebate schemes offered by Unilever amounted to an abuse of dominance in breach of UK and EU competition rules (the CMA decision). The correct framework for analysing rebates has long been the subject of debate under EU and UK competition law rules. The publication of the decision appears to be a deliberate step by the CMA to set a precedent for future enforcement in the UK which embraces an ‘effects-based’ approach. Recent EU case law The ‘three-category’ approach – Post Danmark II Traditionally, the European courts have adopted a strict approach to rebates, often strongly influenced by the form of the rebate
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The UK Competition Authority issues a ’no grounds for action’ decision following its investigation into whether certain rebate schemes offered by a transnational consumer goods company amounted to an abuse of dominance (Unilever)
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