The EU Court of Justice confirms that price discrimination is not itself an abuse of dominance in breach of competition law unless the discriminatory conduct is capable of producing a distortion of competition for the trading party (MEO / Serviços de Comunicações e Multimédia)

On 19 April 2018, the EU’s Court of Justice delivered its judgment in the MEO case, the latest in a recent line of rulings endorsing an effects-based analysis for abuse of dominance cases. EU competition law requires dominant companies not to discriminate between different customers or suppliers for equivalent transactions, if this leads to a competitive disadvantage for a customer or supplier in its own market. Previous cases had been quick to conclude that a competitive disadvantage arose from price discrimination, with only superficial consideration of the likely impact on the customer or supplier’s competitive position. The Court has confirmed that price discrimination is not in itself an abuse of dominance in breach of EU competition law. When considering whether this type of

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  • Freshfields Bruckhaus Deringer (London)

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Alex Potter, The EU Court of Justice confirms that price discrimination is not itself an abuse of dominance in breach of competition law unless the discriminatory conduct is capable of producing a distortion of competition for the trading party (MEO / Serviços de Comunicações e Multimédia), 19 April 2018, e-Competitions Telecom & Dominance, Art. N° 94288

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