By Massimiliano Kadar
Countless pages have been written to date on the effects that a given conduct needs to produce in order for it to be considered abusive under Article 102 of the TFEU. Many commentators conclude that there is an asymmetry in the European Union (EU) Courts’ approach to the meaning of “effects” between different types of conduct. It is also often concluded that the Courts’ approach is too formalistic with regard to certain conducts, namely exclusivity rebates and exclusive dealing, that are presumed by the case-law to have anticompetitive effects.
