EU Court Provides New Guidance on Price Discrimination

Click here to read the full article online

The Court of Justice of the European Union ("CJEU") has provided guidance in assessing the validity of discriminatory pricing practices under EU competition law. The CJEU followed its recent effect-based case law on abuse of dominance and ruled that an analysis of the competitive effects of an alleged abusive discriminatory pricing practice is a prerequisite to the finding of an abuse of dominance. The ruling constitutes another step toward recognizing an effect-based approach in applying Article 102 TFEU (abuse of dominance) and lays the groundwork for future investigations regarding alleged discriminatory pricing abuses.