Leveraging Non-Contestability: Exclusive Dealing and Rebates under the Commission’s Article 82 Guidance

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Brian Sher, Feb 11, 2009

Rebates was always the hardest exclusionary abuse. Navigating through the DG Competition Staff Discussion Paper of 2005, the retroactive rebate section felt like Ellen MacArthur’s description of sailing fast in the Southern Ocean at night (“lashing rain no headlights…no windscreen no roof”). The debate has deepened, notably with differing perspectives laid out in the U.S. Department