The loyalty discount is standard commercial practice. Loyalty discounts are generally not problematic under antitrust law. However, this does not apply to dominant companies. According to the case law of the ECJ, they were always automatically prohibited from granting loyalty discounts. The loyalty rebate of dominant companies was considered inherently restrictive of competition and therefore abusive. This is no longer true since the ECJ's recent Intel decision of September 6, 2017 (C-413/14 P). This creates new, exciting scope for design that needs to be exploited. The anti-competitive effect must now be specifically proven. As a specialist lawyer for international business law, I will show you the details and implications of the Intel decision in this **[link text=”link” id=”727″]**.
