Примери за използване на Loyalty rebates на Английски и техните преводи на Български
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This is because loyalty rebates, like restrictions by object, are presumptively unlawful.
The rebates and payments offered by Intel can be described as market-share-based loyalty rebates.
This sub-type of loyalty rebates has been described as‘exclusivity options' that operate through leveraging.
However, the third ground remains significant if the Court were to dismiss the first ground andconsider that‘exclusivity rebates' must be distinguished from other types of loyalty rebates.
For the purposes of Article 102 TFEU, loyalty rebates constitute- as I see it- a near-equivalent to a restriction by object under Article 101 TFEU.
(85) It is my understanding that those terms designate one andthe same compulsory step in an analysis seeking to determine whether the use of loyalty rebates amounts to an abuse of a dominant position.
(70) Conversely, few commentators would deny that loyalty rebates in particular can- depending on the circumstances- have an anticompetitive foreclosure effect.
In that subsequent case-law,the Court has constantly reiterated the statement of principle stemming from Hoffmann-La Roche concerning the presumptive abusiveness of loyalty rebates.
A presumption of unlawfulness applies to loyalty rebates, including(but not limited to) those termed by the General Court as‘exclusivity rebates'.
Indeed, it should be borne in mind that where the customer has the option of switching suppliers on a regular basis,even where that option has not been exercised, loyalty rebates will also enhance rivalry.
(36) In that case, the Court held that, save in exceptional circumstances, loyalty rebates are not based on an economic transaction which justifies this burden or benefit.
In its view, loyalty rebates are unlikely to restrict competition when their market coverage is low, because larger portions of the market may be reached by competitors without them having to match those discounts.
Experience and economic analysis do not unequivocally suggest that loyalty rebates are, as a rule, harmful or anticompetitive, even when offered by dominant undertakings.
Where loyalty rebates target customers that are of particular importance for competitors to enter or expand their share of the market, even modest market coverage can certainly result in anticompetitive foreclosure.
The degree ofdivergence between U.S. and European case law on the proper legal treatment of loyalty rebates is larger than in almost any other field of international antitrust law.
The need for different forms of loyalty rebates naturally emerges from the diverse market conditions that prevail in different industries, which explains the widespread use of diverse loyalty rebates in business practice.
Indeed, as noted by the General Court, the note to the file as well as the follow-up document show that issues relevant for establishing whether Dell received anticompetitive loyalty rebates from the appellant were discussed during the meeting.
(40) It was on the basis of that assessment that the Court held that the loyalty rebates in question were, in that case, intended, by granting a financial advantage, to prevent customers from obtaining their supplies from competing producers.
(47) On the basis of that detailed analysis of the legal and economic context of the rebates, namely the conditions for the grant of the rebates, the market coverage thereof, as well as the duration of the rebate arrangements,the Court reached the conclusion that loyalty rebates are unlawful, save in exceptional circumstances.
Intel submitted that loyalty rebates may be found abusive only after an examination of all the relevant circumstances in order to assess whether the rebates were capable of restricting competition.
The same applies if the undertaking in question, without tying the purchasers by a formal obligation, applies, either under the termsof agreements concluded with these purchasers or unilaterally, a system of loyalty rebates, that is to say, discounts conditional on the customer's obtaining all or most of its requirements- whether the quantity of its purchases be large or small- from the undertaking in a dominant position.‘.
On the other hand, for loyalty rebates(which are presumptively unlawful), whether those rebates are directly conditional upon exclusivity or not, the Court employs an approach that displays certain similarities with the approach to restrictions by object under Article 101 TFEU.
(38) The Court went on to hold that the‘same applies if the said undertaking, without tying the purchasers by a formal obligation, applies, either under the termsof agreements concluded with these purchasers or unilaterally, a system of loyalty rebates, that is to say, discounts conditional on the customer's obtaining- whether the quantity of its purchases is large or small- all or most of its requirements from the undertaking in a dominant position'.
However, as already noted above(point 61), loyalty rebates must be understood as encompassing not only those conditional on the customer sourcing all or most of its requirements with the dominant undertaking, but also other pricing structures conditional upon the customer reaching a particular target.
In that case, the Court considered that the Commission is not required to demonstrate that loyalty rebates force the competitors of the dominant undertaking to charge prices below cost in order to compete for the contestable share of the market.
Whereas U.S. jurisprudence has traditionally considered loyalty rebates to be a pro-competitive business practice, the Court of Justice of the European Union has repeatedly held that loyalty rebates are an illegal means of distorting competition.
By applying the statement of the Court in Hoffmann-La Roche to the letter, without placing that statement in its proper context,it distinguished one sub-type of loyalty rebate, which it termed‘exclusivity rebates', from other types of rebates that induce loyalty. .
Loyalty Rebate Program.
In other words, a loyalty rebate is a discount given by a supplier to a customer as a reward for remaining loyal to that supplier.
One of the possible reasons why a rebate is considered a loyalty rebate is that it is based on the requirement that the customer purchases‘all or most' of its requirements from the dominant undertaking.