Advocate general deals another blow to economic assessment of rebates* It is never a good sign when an advocate general’s opinion warns the European Court of Justice (ECJ) not to be swayed by “ephemeral trends” or the “Zeitgeist” of economic analysis, but instead to stick to the “legal foundations on which the prohibition of abuse of a dominant position rests in EU law”. Advocate General Kokott’s opinion in Post Danmark offers old-school analysis of Post Danmark’s rebates. An economic analysis of predatory effects is not required Assessing whether a rival would be able to match the dominant company's rebate and remain above cost. The European Commission's approach in Article 102 of the Enforcement Priorities Guidance's approach need not be followed. Form-based analysis of the mechanics of
The EU Court of Justice AG Kokott deals another blow to the economic assessment of rebates (Post Danmark II)
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