The ECJ has issued its judgment on a reference from a Danish court on questions relating to whether Post Danmark's retroactive rebate scheme amounts to an abuse of a dominant position under Article 102. The ECJ held that, in order to determine whether a rebate scheme of this kind is capable of having an exclusionary effect on the market contrary to Article 102, it is necessary to examine all the circumstances of the case, in particular, the criteria and rules governing the grant of the rebates, the extent of the dominant position of the undertaking concerned and the particular conditions of competition prevailing on the relevant market. The ECJ also held that the application of the as-efficient-competitor test does not constitute a necessary condition for a finding to the effect that a rebate scheme is abusive under Article 102. Click here.