Keywords
abuse of dominant position, microprocessors market, loyalty rebates, as-efficient-competitor test, form-based approach;, effects-based approach, foreclosure effect, unavoidable trading partner, exclusionary effect
Abstract
: The case comment attempts to seek arguments to defend the formalistic approach adopted by the General Court in a recent judgment regarding rebates granted by undertakings holding dominant position. However, in spite of certain advantages of such approach, it does not seem appropriate for the assessment of conditional rebates and it is not in line with the recent developments of competition law. The case comment criticizes in particular the per se prohibition of loyalty rebates adopted by the General Court and the depreciation of the usefulness of the AEC test as a tool to demonstrate exclusionary effects of certain rebates. The last part of the case comment presents some de lege ferenda remarks.
Recommended Citation
Wardęga, E. (2014). Rebates granted by dominant undertakings – can the recent case law of the Court of Justice be defended? Judgment of the General Court of 12 June 2014 in case T-286/09 – Intel Corp. v European Commission. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 3(9), 121-131. Retrieved from https://press.wz.uw.edu.pl/ikar/vol3/iss9/9
First Page
121
Last Page
131
Page Count
10
Publisher
University of Warsaw
