• The Advocate General’s opinion has been issued on the appeal by AC Treuhand against the General Court judgment that dismissed its action to challenge the European Commission's heat stabilisers cartel decisions.  The Advocate General considers that the appeal should be upheld on the grounds that the General Court erred in upholding the Commission's finding that AC Treuhand had directly participated in the cartel by virtue of its administrative role in the organisation and conduct of cartel meetings. The Advocate General considered that AC Treuhand acted in its capacity as a consultancy firm and was clearly not active, nor potentially active, on the relevant markets as regards the applicable cartel decisions. Click here.
  • The Advocate General’s opinion has been issued on a reference from a Danish court on a series of questions relating to the assessment of rebate schemes under Article 102.  The Advocate General considers that a rebate scheme operated by a dominant undertaking constitutes abuse within the meaning of Article 102 where an overall assessment of all the circumstances of the individual case shows that the rebates are capable of producing an economically unjustified exclusionary effect.  She also considers that, although it is not a requirement to use a price/cost analysis such as the as-efficient-competitor test, national competition authorities and courts are free to do so, unless it would be impossible for another undertaking to be as efficient as the dominant undertaking.  Click here.