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Price discrimination is evil really just exceptionally

Publication at Faculty of Law |
2012

Abstract

The author deals with the issue of price discrimination as a potential offence of an abuse of dominant position within the meaning of Article 102 TFEU and applicable provisions of the 2001 Czech Competition Act. The author explains key rules regarding assessment of both primary line discrimination and secondary line discrimination on the basis of the applicable EU competition law (including the recent Post Danmark judgment of the CJEU) and criticizes some past Czech cases.

The author stresses that differential pricing is commonplace and that it may be found abusive really only exceptionally when rather strict conditions for finding a harm to effective competition are satisfied.