The judgments of the Court of Justice in the Intel case: is the “as-efficient competitor test" for exclusivity rebates back?
AbhandlungenPierre Goffinet , Léa Siniscalco** Pierre Goffinet is a partner and Léa Siniscalco an associate at DALDEWOLF law firm. The author would like to thank Lucie Marchal for her comments. This article is an updated version of an earlier published article by Pierre Goffinet in ÖZK: “The judgments of the General Court in the Intel case and of the Court of Justice in the Post Danmark IIcase: more clarity on the legal stan-dard?", ÖZK, 2016/4, pp 123–137.ÖZK 2018, 159 Heft 5 v. 1.11.2018
Inhalt
- I. Introduction
- II. The General Framework of Analysis, the Definition, the Intuition and the Tests in the Guidance Concerning Loyalty Rebates
- III. The Judgments in the Cases Intel and Post Danmark Ii: a Classification of Rebates in different Categories
- IV. The Cases Intel 2 and Post Danmark Ii put into Perspective considering the Guidance
- Conclusion
