Sentences with phrase «appreciable exclusionary effects»

Another part of the context analysis appears to be more offensive, and could see the competition authority trying to prove that the behaviour may have appreciable exclusionary effects.

Third, the referring court asked whether a rebate scheme must generate probable and / or appreciable exclusionary effects in order for it to fall within the scope of Article 102 TFEU.

Not exact matches

As to Article 102 TFEU, I would be inclined to say that this ruling puts exclusionary effects outside the Article 102 TFEU per se box, if they are appreciable.

As to the issue of the probability and appreciability of the exclusionary effects, the Court held that, although it is a prerequisite that the likelihood of an anticompetitive effect is shown, there is no need to demonstrate the serious or appreciable nature of these effects for a practice to fall within the scope of Article 102 TFEU (paras 66 - 67 and 73 - 74).