The EU Court of Justice confirms “safe harbour” for volume rebates but creates new challenges (Post Danmark II)

Rethinking Rebates Policy Under EU Competition Law* On 6 October 2015, the European Court of Justice (ECJ) ruled in a case concerning rebates and when they fall foul of EU competition law. Background The case concerns Post Danmark and, unlike appeals against European Commission Decisions, came by way of a reference from the Danish High Court seeking formal guidance on the interpretation of EU law relating to rebates. This is the second of two such cases involving Post Danmark, the first having been decided in 2012. The relevant market in this case was the bulk mail market, in which Post Danmark had a 95% share and its only rival a 5% share. Post Danmark offered a standardised volume rebate scheme applied to all customers, with a

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Authors

  • Gibson Dunn (Brussels)
  • Gibson Dunn (Brussels)

Quotation

Peter Alexiadis, David Wood, The EU Court of Justice confirms “safe harbour” for volume rebates but creates new challenges (Post Danmark II), 6 October 2015, e-Competitions Bulletin October 2015, Art. N° 76174

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