Post Danmark II: the Pendulum between Form and Effects
By Gunnar NielsOn 6 October 2015 the European Court of Justice (ECJ) issued its long-awaited ruling in the Post Danmark II abuse of dominance case. The judgment sheds light on how rebates offered by dominant companies should be assessed in terms of their form and effects. While ruling out the as-efficient competitor test as a necessary condition for finding an abuse, the ECJ leaves room for an analysis of effects on competition in the assessment of rebates.
The full version of this article appears in the 2016 issue 1 of Competition Law Journal.
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