CASE COMMENTS : UNILATERAL PRACTICES – SELECTIVE REBATES – PREDATORY PRICING – COST TEST – INCREMENTAL COST – COMMON COSTS – UNIVERSAL SERVICE OBLIGATIONS – INTENT – POSTAL SERVICES

Selective rebates – Universal service obligations: The Court of Justice, Grand Chamber, rules that selective rebates targeting clients of a competitor are not abusive when prices are below incremental cost but cover marginal cost and when no intent to eliminate competitor has been established (Post Danmark)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 27 March 2012, Post Danmark, aff. C-209/10 The judgment of the Grand Chamber in the Post Danmark case is important because it marks the Court's adherence to an effects-based approach to abuse and exclusion in a clearer way than in previous judgments and in more general terms. The judgment, which is given by way of a preliminary ruling and not on appeal, is necessarily streamlined. The principles set out by the Court emerge all the more clearly from it. The essential contribution of the judgment lies in the passage it makes between the old and the new approach to abuse. Without making any reversal, the Court incorporates into its case-law elements

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  • Catholic University of Louvain

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Anne-Lise Sibony, Selective rebates – Universal service obligations: The Court of Justice, Grand Chamber, rules that selective rebates targeting clients of a competitor are not abusive when prices are below incremental cost but cover marginal cost and when no intent to eliminate competitor has been established (Post Danmark), 27 March 2012, Concurrences N° 2-2012, Art. N° 45619, pp. 64-68

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