Monday, June 23, 2008
Discount Policies in US and EU Antitrust Enforcement Models: Protecting Competition, Competitors or Consumer Welfare?
Posted by D. Daniel Sokol
Vito Auricchio of Italian law firm Legance has posted his article Discount Policies in US and EU Antitrust Enforcement Models: Protecting Competition, Competitors or Consumer Welfare?
ABSTRACT: The paper deals with the issue of the standard of enforcement for rebates applied by firms holding market power. The analysis is based on both the US and the EU case-law and on the recent Discussion Paper published by the European Commission on the application of Article 82 of the EC Treaty to exclusionary abuses. In particular, the paper analyses the US case-law and discusses the difference in the approach between the first decisions and the most recent ones, such as Le Page. In addition, when examining the EU decision practice and case-law reference is made to some recent decisions of the Court of Justice of the European Communities and of the European Commission that have left open issues on the appropriateness of the rules used at EU level to scrutinize exclusionary rebates.