Spring 2008, Volume 6, Number 1

In this issue: Treatment of Single-Product and Bundled Rebates in the EC Laurent Geelhand, Johanne Peyre, Jun 10, 2008 Michelin welcomes the European Commission’s will to correct its controversial application of Article 82 EC, but regrets its over-regulation-triggered lack of immediate improvement for dominant companies The European Commission has long rendered famous the name of […]

This article is part of a Chronicle. See more from this Chronicle Jonathan Rubin, Jun 10, 2008 A controversy in antitrust policy is raging over two principal and competing approaches to liability rules for bundling. Under the rule adopted by the U.S. Court of Appeals for the Third Circuit, the appropriate legal standard for liability […]

This article is part of a Chronicle. See more from this Chronicle M. Laurence Popofsky, Jun 10, 2008 Bundling has become antitrust law’s “hot button.” Push it and out pours a gusher of articles by learned scholars and noted practitioners. One ventures into the fray filled with trepidation. But venture one must because the backwash […]

This article is part of a Chronicle. See more from this Chronicle Benjamin Klein, Jun 10, 2008 The antitrust law of bundled discounts is unsettled. LePage’s broadly condemned bundled discounts instituted by a dominant firm where it appeared that the discounts served no economic purpose other than to place rival, single-product suppliers at a competitive […]

This article is part of a Chronicle. See more from this Chronicle Ted Frech, Jun 10, 2008 Bundling and related exclusionary practices are both common in the economy and often challenged under the antitrust laws. The following remarks highlight a few issues. This is not a complete discussion of these issues, let alone a complete […]

This article is part of a Chronicle. See more from this Chronicle Christian Roques, Jun 10, 2008 In Article 82(d) of the EC Treaty, bundling and tying are considered possible abuses. According to Article 82(d), it is abusive to make “the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, […]

This article is part of a Chronicle. See more from this Chronicle Laurent Geelhand, Johanne Peyre, Jun 10, 2008 The European Commission has long rendered famous the name of Michelin to antitrust practitioners by condemning its rebate system. Such decision is part of a case law that followed a surprisingly tough evolution, from condemning exclusive […]

This article is part of a Chronicle. See more from this Chronicle Renato Nazzini, Jun 10, 2008 One area of EC competition law that has been particularly controversial in recent years is the application of Article 82 of the EC Treaty to allegedly anticompetitive rebates. The case law of the Community Courts concerns single-product rebates, […]