On October 6, 2015, the European Court of Justice (the ECJ) issued an important judgment clarifying the application of Article 102 to retroactive loyalty rebates (Post Danmark AS, Case C 23/14). The case, which had been referred to the ECJ by the Danish Commercial Court, concerned rebates for direct advertising mail granted by Post Danmark, which has a 95 percent share of the Danish market for bulk mail, of which 10 percent is accounted for by direct advertising mail. The rebates in question ranged from 6 to 16 percent and were dependent on customers reaching certain standardized volume thresholds over a one-year reference period. The rebate was retroactive, i.e., if the highest turnover or volume threshold was reached a 16 percent rebate was applied to the customer’s purchases
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The EU Court of Justice rules on retroactive loyalty rebates (Post Danmark II)
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