Loyalty Rebates under EU Competition and US Antitrust Law

Pınar Akman, Or Brook and Konstantinos Stylianou (eds), Research Handbook on Abuse of Dominance and Monopolization, Forthcoming

29 Pages Posted: 13 Jul 2021

See all articles by Viktoria H.S.E. Robertson

Viktoria H.S.E. Robertson

Vienna University of Economics and Business; University of Graz; The Competition Law Hub

Date Written: June 24, 2021

Abstract

The present chapter investigates the antitrust rules applicable to loyalty or fidelity rebate schemes under EU competition and US antitrust law. It finds that antitrust liability for a dominant company will more readily be established in the EU, where the applicability of economics-based tests is still being navigated. In the US, rebates by a monopoly player will usually be found to be anti-competitive where they constitute predatory pricing, although they might also run into antitrust liability where they constitute exclusive dealing arrangements. This divergence can be explained by the different ideological underpinnings in the two jurisdictions. Overall, however, the (case) law on loyalty rebates is still in a state of flux in both jurisdictions. In recent years, both jurisdictions have gradually moved to a little more convergence in their treatment of exclusivity rebates. At this point, however, both the US Supreme Court and the European Court of Justice will need to weigh in on the future of the antitrust assessment of loyalty-inducing rebates.

Keywords: Discounts, Discriminatory Practices, Exclusionary Practices, Exclusive Dealing, Fidelity Rebates, Loyalty Rebates, Rebate Schemes

Suggested Citation

Robertson, Viktoria H.S.E., Loyalty Rebates under EU Competition and US Antitrust Law (June 24, 2021). Pınar Akman, Or Brook and Konstantinos Stylianou (eds), Research Handbook on Abuse of Dominance and Monopolization, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3873148 or http://dx.doi.org/10.2139/ssrn.3873148

Viktoria H.S.E. Robertson (Contact Author)

Vienna University of Economics and Business ( email )

Welthandelsplatz 1
Vienna, Wien 1020
Austria

HOME PAGE: http://www.wu.ac.at/en/complaw/

University of Graz ( email )

Universitätsstraße 15/C4
Graz, 8010
Austria

HOME PAGE: http://unternehmensrecht.uni-graz.at/de/institut/mitarbeiterinnen/robertson/

The Competition Law Hub ( email )

Austria

HOME PAGE: http://www.complawhub.eu

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
719
Abstract Views
1,346
Rank
54,495
PlumX Metrics