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Clifford Chance

Clifford Chance

Briefings

EU Court of Justice clarifies antitrust prohibition on price discrimination by dominant businesses

20 April 2018

The EU Court of Justice has ruled that where dominant businesses supply to customers with which they do not compete and charge higher prices to certain customers, they will only be committing a breach of EU antitrust laws if it can be shown that such discrimination causes actual or potential anticompetitive effects, by distorting competition between customers.  A mere disadvantage experienced or suffered by some customers is not enough.  This clarification will afford dominant businesses considerably greater flexibility to adapt their pricing policies to commercial realities.

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