Legal Updates

In a judgment published on 19 April 2018, the European Court of Justice ("ECJ") has confirmed that price discrimination by a dominant company can only be abusive if it produces, or is capable of producing, a competitive disadvantage. In order to assess competitive disadvantage it is necessary to take into account all the circumstances of the case and the ECJ echoed its recent judgment in Intel by noting the relevance of the ability of the conduct to harm an as efficient competitor. 

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