According to the longstanding case law of the Court of Justice of the European Union (the “Court”), rebates which are conditional upon a purchaser buying all or most of its requirements from a dominant supplier (so called “exclusivity” or “loyalty” rebates) have been presumed to be abusive on the basis that they are by their very nature anticompetitive. The Intel judgment of 6 September 2017 marks a shift by the Court from this per se approach: for the first time, the Court suggests the need for an assessment of their anticompetitive effects on a case by case basis.
Continue Reading Takeaways from the Intel Judgment on the Legality of Exclusivity Rebates in the EU
European Union
Bre(xit)aking News
By Oliver Heinisch on
Posted in EU Competition and Regulatory
The Supreme Court of the United Kingdom by a majority of 8 to 3 has today confirmed that triggering the exit procedure from the European Union requires an Act of Parliament.
As such the Supreme Court disagreed with the current UK Government which had argued that Government ministers could rely on their prerogative powers to trigger Article 50 of the Treaty on the European Union without prior authorisation by Parliament. Scottish Parliament, Welsh and Northern Ireland assemblies had argued that they too should be consulted. The judges did not agree with that view.…
Brexit News: UK Judges Throw a Block in the Road of Article 50
Invoking Article 50 of the Treaty of the European Union requires participation of the UK Parliament say Lord Chief Justices Lord Sales and Lord Thomas of the Royal Courts of Justice in London who handed down their judgment today.
This is a significant step, but only a step along the way. The final outcome remains uncertain as this judgment will most likely be appealed by the Government to the Supreme Court. Hence, the uncertainty caused by Brexit to businesses remains if it is not further increased.…
Continue Reading Brexit News: UK Judges Throw a Block in the Road of Article 50