The EU Court of Justice rules on retroactive loyalty rebates (Post Danmark II)

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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Authors

  • Skadden, Arps, Slate, Meagher & Flom (Brussels)
  • Skadden, Arps, Slate, Meagher & Flom (Brussels)
  • Skadden, Arps, Slate, Meagher & Flom (Brussels)

Quotation

Frederic Depoortere, Ingrid Vandenborre, Simon Baxter, The EU Court of Justice rules on retroactive loyalty rebates (Post Danmark II), 6 October 2015, e-Competitions Bulletin October 2015, Art. N° 76217

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