The EU Court of Justice has handed down its much-awaited preliminary ruling in Post Danmark II. This ruling marks an ‘evolution’ rather than a ‘revolution’ in the assessment of rebates under Article 102 TFEU. While regrettably unclear in certain passages, some aspects of the Court of Justice’s assessment are welcome in an area where the EU case law has been very formalistic and divorced from commercial reality.

View full memo, Post Danmark II: an 'Evolution' Rather Than a 'Revolution' in the Assessment of Rebates.