Dominant undertakingsÂ’ ability, under competition law, to award discounts and other loyalty inducing considerations are subject to much ambiguity and unsettled issues. Despite discounts being a commercial requirement, even for the dominant undertaking, it is difficult to draw up clear principles. And while the approach to non-dominant undertakings restriction of competition has been fundamentally recast over the last 20 years, the appraisal of single company behaviour remains more formal and rigid. However, recently there have been indications that some of the same leniency might have been extended to discounts and unilateral behaviour and in particular the 2017 Court of Justice ruling in Intel has reopened the discussions. The objective of this book is to provide guidance on the matter under EU and Nordic competition law and to align these with economic theory.
|Titel||Where do we stand on Discounts?|