17 March 2016 – 30th antitrust lunch “Quantity Rebates After Post Danmark II”

PostDanmarkDear Friends,

antitrustitalia’s 30th lunch talk is scheduled on Thursday 17 March 2016 at Confindustria Bruxelles (Av. de la Joyeuse Entrée 1 – 1040 Bruxelles – Metro Schuman).

Nicholas Khan, Legal Adviser in the European Commission Legal Service, will give a presentation in English on :

Quantity Rebates After Post Danmark II

The granting of rebates is a common business practice, but for companies in a dominant position, their latitude to grant rebates has always been constrained by Article 102 TFEU. Much attention has been given to this subject recently, culminating in the Court of Justice’s judgment in Post Danmark II. This addresses quantity rebate schemes, which have no ostensible exclusivity obligation, but the retroactive nature of such a scheme is liable to bring it into conflict with Article 102 TFEU. Although the Court rejects the necessity for sophisticated economic analysis in order to demonstrate the existence of an infringement, uncertainties remain as to how the obligation to consider “all the circumstances” is to be applied in practice.

Nicholas Khan has practised almost exclusively in the field of European law, both in private practice at the Bar in London and for many years as a member of the Legal Service of the European Commission. His experience covers a wide range of matters, including; sex discrimination, free movement of persons, the Brussels Regulation on jurisdiction, anti-dumping, State aid and competition. He has represented the Commission in many significant competition cases before the Court, including Courage v. Crehan, JFE Engineering, Visa/Morgan Stanley, the GIS cartel, MasterCard, Intel, the Air freight cartel and challenges to Commission decisions refusing clearance for mergers in Deutsche Boerse and UPS. He has also been involved in the Damages Directive and the Commission’s role in the coordination of the network of national competition authorities. He follows procedural matters particularly closely and is the author of the 6th Edition of Kerse and Khan, EU Anti-Trust Procedure.

Refreshments will be provided at 12.30, the presentation will begin at 13.00 and will finish at 14:30.

Entrance is free for antitrustitalia members. For non-members, there will be a fee of €15 to cover the cost of the lunch. Please use this Eventbrite link to register for the event.  Receipts can be printed from the link directly.

As space is limited, please let us know if you are unable to attend, so that we can offer your place to other colleagues. For the non-members who will notify the cancellation by Tuesday 15 March, the fee will be reimbursed directly from the link above.

antitrustitalia counts on your support!

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