AG Wahl in Intel, or The Value of Realism and Consistency in The Context of Article 102 TFEU
Forthcoming in (2017) Concurrences
11 Pages Posted: 9 Jan 2017 Last revised: 10 Jan 2017
Date Written: January 5, 2017
One of the important aspects of AG Wahl's Opinion in Intel is the emphasis it places on the value of realism and consistency in law-making. Legal certainty cannot be meaningfully achieved if these two factors are ignored. The Opinion explains that the presumption of unlawfulness of exclusive dealing and loyalty rebates is somewhat at odds with legal and business realities. As a result, there is a certain mismatch between what the Court says and does. AG Wahl also stresses the need to ensure that like practices are treated alike, both in the context of rebates and across Article 102 TFEU practices. In this regard, he sketches a unifying analytical framework.
Keywords: Article 102 TFEU, exclusivity, loyalty rebates, consistency, administrability
JEL Classification: K21; L41; L42
Suggested Citation: Suggested Citation