The EU Court of Justice has handed down its much-awaited preliminary ruling in Post Danmark II [1]. This ruling marks an ‘evolution’ rather than a ‘revolution’ in the assessment of rebates under Article 102 TFEU. While regrettably unclear in certain passages, some aspects of the Court of Justice’s assessment are welcome in an area where the EU case law has been very formalistic and divorced from commercial reality. Background At the relevant time, Post Danmark, a state-controlled company, was the universal service provider of postal services in Denmark and enjoyed a statutory monopoly on the distribution of letters weighing up to 50 grams, including certain direct advertising mail [2]. Post Danmark implemented a rebate scheme in respect of direct advertising mail. The rebate scale was
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The EU Court of Justice rules on whether a retroactive loyalty rebates scheme is liable to have an exclusionary effect (Post Danmark II)
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