Devising Loyalty Rebates that Comply with the As-Efficient-Competitor Test
Concurrences, Vol. 2013, No. 3, pp. 16-19, 2013
4 Pages Posted: 4 May 2013 Last revised: 13 Aug 2013
Date Written: May 2, 2013
This article discusses the use of the as-efficient-competitor test in the assessment of single-product rebates under Article 102 TFEU. Section I first summarizes the practical experience with the test three years after its official introduction. Section II then outlines how firms can devise pro-competitive rebates that comply with the as-efficient-competitor test in an effective way. Section III, finally, assesses what regulators can do to ensure legal certainty under the effects-based approach toward loyalty rebates.
Keywords: Loylaty rebates, as-efficient-competitor test, substantial foreclosure
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