The seminar on rebates took place on Friday, 9 November 2018 in Stockholm and was open for competition authority employees, researchers, lawyers and competition consultants.
This year’s theme was “The Pros and Cons of Rebates”, moderated by Professor Giorgio Monti. Six leading researchers and practioners were discussing the question of how the competitive assessment of rebates has evolved after the Intel-judgement and how the more economic based approach is reflected in the assessment of rebates.
Prof. Hildebrand was commenting on the presentation “Conditional pricing and the AEC test - a happy marriage or an awkward couple?”. She stressed in her remarks the fact that Article 3 Treaty of the European Union (Lisbon Treaty/TEU) mentions for the first time the term “social market economy” as a goal of the European Union, thereby introducing the “fairness” and the “equality” concepts that are applied in EU competition law too. Equality in the context of Article 102 of the Treaty on the Functioning of the European Union (TFEU) means that a dominant company needs to behave in the same way as a non-dominant company. Thus, in case a dominant company engages in competition on the merits - as a non-dominant company would do – no infringement of Article 102 takes place. Other unilateral action a non-dominant company would not apply is on the other hand an infringement. Since the market position of the dominant company is a significant one, the dominant company has a special responsibility to behave as a non-dominant company. In fact, whereas the rules are quite simple, the actual implementation of the “equal” company concept or the “as-efficient-competitor-test” are more demanding.
For detailed information about this event, please follow the link below: