𝐈𝐦𝐚𝐠𝐢𝐧𝐞 ... 💭 You are sales director of a company that has slowly but surely gained market share by focusing on innovation, customer service and rewarding customers with exclusivity rebates. You have since far surpassed your competition, and your sales cover about half the market.

When discussing the business plan for the next few years, your legal team questions your commercial policy. It is possible your company occupies a dominant position and you should no longer expect your customers to buy products from you exclusively in exchange for a rebate. Exclusivity rebates could constitute an abuse of your dominant position. In case of complaints from your competitors to the competition authorities, you could face a severe fine.

That rebates would be prohibited surprises you. You ask for more explanation from your legal team.

Read our latest #inthepicture ‘The force may be with you, but you may not exclude’, written by our competition partner Filip Tuytschaever and associate Lise Ryckaert.

#CompetitionLaw #AntiTrust #EuropeanCommission #Guidelines #DominantPosition #Article102 #TFEU #ExclusionaryAbuses