Hellenic Competition Commission

Monday, 21 October 2019 12:25

Stefanos Charaktiniotis - The developments in case-law in the post-Intel era

Personnel training seminar conducted by Dr. S. I. Charaktiniotis, Lecturer at the University of the Aegean, Attorney-at-Law.

An internal training seminar addressed to the HCC officials was held on October 21, 2019, on the developments in case-law in the post-Intel era, conducted by Dr. S. I. Charaktiniotis, Lecturer at the University of the Aegean, Attorney-at-Law.

The presentation is part of a broader series of seminars aiming at enhancing the internal training of HCC scientific staff by a thorough examination of economic and legal issues raised in the application of competition law.

The main purpose of the presentation was to demonstrate whether the criterion of an equally effective competitor (AEC test) following the adoption of the Intel Decision (C-413/14) is a panacea or part of a more extensive toolkit made available to competition authorities. Specific issues were raised, such as whether competition authorities are bound to apply quantitative analysis of the effects on competition when assessing conducts in the light of article 102 TFEU and whether exclusivity agreements and loyalty rebates (or any other exclusivity benefits) need to be similarly addressed.

Participants had the opportunity to be made aware of the European Commission's position following the adoption of its new decisions as well as the latest (2018-2019) relevant practice of other National Competition Authorities (German, Italian, French) and the jurisprudence of their national courts. Furthermore, there was a presentation of the conclusions from Intel case-law, which has no binding force on national competition authorities as to the application of the AEC test, but imposes the application of different approaches concerning exclusivity agreements on the one hand and loyalty discounts (or any other exclusivity benefits) on the other.

Finally, the participants exchanged views on the above issues both theoretically and in conjunction with the HCC practice.

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