The EU Court of Justice Advocate General Wahl delivers his opinion in a case regarding rebates and calls for a new approach to Article 102 (Intel)

Call for a common-sense approach to Article 102 - Advocate General Wahl on Intel* If AG Kokott in Post Danmark II was a 102 hawk – ordoliberal-redux, fossilizing form over function, economics on the “too difficult pile” for authorities and courts – then AG Wahl firmly sets out his stall as the 102 economics dove (§117, fn 87). Less of an opinion, more of a manifesto. It calls for a common sense approach to 102, and its re-centering within mainstream economic thought: No per se Rebates can be pro or anticompetitive. After all, they result in a reduction in price, generally to the consumer’s benefit. So there is no sense in having per se rules to condemn rebate schemes. Examine effects, not form. The Intel General Court (GC) was thus wrong to find a category of per se illegal

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

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Bill Batchelor, The EU Court of Justice Advocate General Wahl delivers his opinion in a case regarding rebates and calls for a new approach to Article 102 (Intel), 20 October 2016, e-Competitions October 2016, Art. N° 82101

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