Clifford Chance

CJEU rules dominant firms' exclusivity rebates are not per se illegal

11 September 2017

In its long-awaited Intel judgment, the Court of Justice of the EU ruled that the legality of a dominant firm's offer of rebates in return for exclusivity must be assessed by reference to that conduct's capacity to foreclose equally efficient rivals. The ruling clarifies that exclusivity rebates are not necessarily capable of foreclosing competition and mitigates risks for dominant businesses that are prepared to commit the time and resources to carrying out a legal and economic assessment of their planned rebate schemes.

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