CASE COMMENTS: UNILATERAL PRACTICES - REBATES - INTERIM MEASURES

Rebates: The French Competition Council enjoins press distributors to suspend agreements granting conditional rebates to retailers (Messageries Lyonnaises de Presse et Agora Diffusion Presse)

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Competition Council orders courier companies to suspend agreements granting conditional rebates to broadcasters

– Conc. conc. dec. no. 06-MC-01 of 23 February 2006 relating to a request for precautionary measures presented by the companies Messageries Lyonnaises de Presse and Agora Diffusion Presse Loyalty rebates are at the heart of the current debates on the application of Article 82 EC at Community level and its national equivalents. According to the Michelin judgment (Case T-203/01), rebates are anti-competitive unless their structure reflects the cost structure of the dominant undertaking granting them. This criterion, which is very restrictive because it amounts to a prohibition of almost all rebate schemes, has attracted much critical comment (see for example three articles in "A Symposium on Loyalty Rebates", Competition Policy International, vol. 1(2), Autumn 2005; and Denis Waelbroeck,

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