Court of Justice provides clarity on the concept of “competitive disadvantage” in its recent MEO ruling
On 19 April 2018 the European Court of Justice issued its judgment in case C-525/16 MEO v Autoridade da Concorrência. Under Article 102(c) TFEU dominant undertakings are prohibited from applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage, insofar as trade between Member States may be affected. The judgment in MEO offers guidance on when differential pricing by dominant undertakings is anti-competitive, with the Court considering the concept of “competitive disadvantage” within Article 102.
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