CASE COMMENTS: UNILATERAL PRACTICES – ABUSE OF DOMINANT POSITION – AS EFFICIENT COMPETITOR TEST – STANDARDISED REBATES – INTENT – WORKABLE COMPETITION – EXCLUSIONARY EFFECT – STANDARD OF PROOF – SPECIAL RESPONSIBILITY

Exclusionary abuse: The Court of Justice of the European Union refuses to make the "as efficient competitor" test mandatory for fidelity rebates (Post Danmark)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Was there a need to clarify the law applicable to loyalty rebates? The Danish Maritime and Commercial Court, seised in cassation of a case concerning discounts offered by Post Danmark on bulk mailings, held that there was. That case, which is distinct from the case which gave rise to the judgment in Post Danmark I (C-209/10, EU:C:2012:172), led him to put a series of three questions to the Court of Justice, some of which seem surprising at first sight, given that one might think they had been resolved (is there a de minimis threshold?) but which, overall, are quite fundamental. In his Opinion, Advocate General Kokott emphasises perfectly, albeit in a

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  • Catholic University of Louvain

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Anne-Lise Sibony, Exclusionary abuse: The Court of Justice of the European Union refuses to make the "as efficient competitor" test mandatory for fidelity rebates (Post Danmark), 6 October 2015, Concurrences N° 1-2016, Art. N° 77419, pp. 94-98

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