The Dutch Trade and Industry Appeals Tribunal annuls the decision of Competition Authority on abuse of dominance regarding rebates (CRV)

I. Facts and procedure Reversing the judgment of the District Court Rotterdam (“District Court”) [1], the Dutch Trade and Industry Appeals Tribunal (“Tribunal”) has annulled the fine imposed by the Dutch Competition Authority (“NMa”) on CRV Holding B.V. (“CRV”) for abuse of a dominant position [2]. By decision of 31 December 2003 NMa established that CRV, a company active in the market for breeding bull sperm, abused its dominant position on the Dutch market by offering several rebates to cattle breeders. NMa found that CRV held a dominant position on the Dutch market for breeding bull sperm from September 2001 to September 2003. CRV offered three types of rebates: a quantity discount, a customer loyalty discount, and a tester discount. According to NMa these rebate schemes had loyalty

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Authors

  • De Nederlandsche Bank (DNB)
  • Smeets Van Empel advocaten (Amsterdam)

Quotation

Margot Aelen, Loes Brekhof, The Dutch Trade and Industry Appeals Tribunal annuls the decision of Competition Authority on abuse of dominance regarding rebates (CRV), 7 October 2010, e-Competitions October 2010, Art. N° 35155

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