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.
Contents
Commission shoots down another gun-jumping case
European Commission: marketplace bans not a "hardcore" restriction
ECJ confirms the legality of Germany's extradition of Italian national to US in cartel case
Court of Justice explains how to assess abusive price discrimination
Bayer/Monsanto – Commission clears path to create global seed and pesticide behemoth
I want my lawyer! Dawn raid annulled to ensure access to lawyers
Bergamo airport manager committed to opening up access to essential fuel storage tanks
Spanish Supreme Court rubber-stamps the annulment of a margin squeeze decision
Somerset estate agents in the dog house - directors disqualified for price fixing
CMA publishes joint ventures competition law dos and don’ts
Some welcome clarity on shape of post-Brexit UK competition law
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