CASE COMMENTS: UNILATERAL PRACTICES – EUROPEAN UNION – REBATES – AS EFFICIENT COMPETITOR TEST – ECONOMIC ANALYSIS – PRESUMPTIONS

Economic analysis: The EU Court of Justice embraces the effects-based approach in a fidelity rebates case (Intel)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. For several years now, the "more economic" approach has been conquering European competition law. After entering antitrust and merger control law in the 1990s, it has now reached the law of abuse of a dominant position. The Commission was the first, in 2009, to proclaim its allegiance in its February 2009 Communication on its priorities in the implementation of Article 102 (Communication from the Commission - Guidance on the Commission's priorities for the application of Article 82 of the EC Treaty to abusive exclusionary conduct by dominant undertakings, 2009/C 45/02). At that time, the legal status of the new principles was uncertain to say the least

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  • Catholic University of Louvain

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Anne-Lise Sibony, Economic analysis: The EU Court of Justice embraces the effects-based approach in a fidelity rebates case (Intel), 6 September 2017, Concurrences N° 4-2017, Art. N° 85211, pp. 90-96

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