ECJ – Intel, loyalty discount, market dominance
The loyalty discount is standard commercial practice. Loyalty discounts are generally unproblematic under antitrust law. However, this does not apply to companies with a dominant market position. According to the case law of the European Court of Justice, they were always automatically prohibited from granting loyalty discounts. The loyalty discount of companies with a dominant market position was considered per se to be restrictive of competition and therefore abusive. This has been the case since the recent Intel decision of the […]