The following Competition practice note Produced in partnership with Cooley LLP provides comprehensive and up to date legal information covering:
The analysis of the circumstances in which a dominant company may grant rebates to its customers to encourage them to purchase from it is one of the most complex and controversial aspects of Article 102 TFEU. On the one hand, such rebates (which, after all, are a common feature of commercial life) may be efficiency-enhancing. On the other hand, the availability of rebates for customers who purchase from a dominant supplier may make it harder for a competitor to tempt away those customers and hence entrench the supplier’s dominant position.
While it is in principle possible to balance these objectives by assessing the effect of a rebate scheme, this typically requires an extensive factual analysis, which can make it difficult to know in advance whether a specific rebate scheme will be unlawful. For some time, there has been a long-running debate over the extent to which the Commission can condemn such rebates in principle, based only on their form, or whether it must first demonstrate that they are likely to lead to anti-competitive harm, by reference to the particular circumstances of the case. The question of whether, and in which circumstances, rebates should be condemned goes to the heart of Article 102 TFEU.
On 6 September 2017, the Court of Justice in Intel v Commission brought important clarification to the debate by endorsing an effects-based
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This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
Dividends involve a distribution of cash or a distribution of non-cash assets (known as a distribution in kind or a distribution in specie).A scrip dividend (in a tax context, sometimes referred to as a stock dividend) allows a shareholder to receive new shares in a company as an alternative to a
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
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