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Rebates and competition law: An overview of EU and national case law

1. Introduction Rebates are common in the business world and in competition cases. Rebates create incentives to engage in conduct desired by the entity that pays. Sometimes these incentives collide with antitrust rules. The key question is when. Competition authorities and courts at EU and national levels have grappled with this question in many cases. Some issues are fairly straightforward such as the use of rebate incentives to achieve an anticompetitive object, for instance absolute territorial protection or resale price maintenance. Others have been hotly debated for many years, such as loyalty rebates. This foreword highlights a number of rebate cases that have been dealt with by national competition authorities and courts, contrasting the approach with that of the European

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  • Latham & Watkins (Brussels)

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Lars Kjølbye, Rebates and competition law: An overview of EU and national case law, 26 January 2012, e-Competitions Rebates, Art. N° 41936

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