ALERT: UNILATERAL PRACTICE - ABUSE OF DOMINANT POSITION - LOYALTY REBATES - FORECLOSURE

Abuse of dominant position: The EU Court of justice clarifies the Hoffman-La Roche case-law prohibiting loylaty rebates in the case where the undertaking concerned submits, during the administrative procedure, on the basis of supporting evidence, that its conduct was not capable of restricting competition and, in particular, of producing the alleged foreclosure effects (Intel)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. It's an understatement to say that theJudgment delivered on 6 September 2017 by the Court of Justice of the European Union in Case C-413/14 (Intel v. European Commission) was expected. It seems that the wait has not been in vain. Contrary to predictions stressing the difficulty it would have in overturning its own case-law, the Court decided, as it itself states in paragraph 138 of this judgment, 'to clarify that case-law [derived from the founding judgment, Hoffmann-La Roche condemning exclusive] rebates where the undertaking concerned maintains, in the course of the administrative procedure, with supporting evidence, that its conduct did not have the

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Abuse of dominant position: The EU Court of justice clarifies the Hoffman-La Roche case-law prohibiting loylaty rebates in the case where the undertaking concerned submits, during the administrative procedure, on the basis of supporting evidence, that its conduct was not capable of restricting competition and, in particular, of producing the alleged foreclosure effects (Intel), 6 September 2017, Concurrences N° 4-2017, Art. N° 85293, www.concurrences.com

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