Tagged: C-23/14 Post Danmark

C-525/16 MEO: CJEU on Price Discrimination under Article 102 TFEU

By Lorenzo Gugliotta

On April 19, 2018 the Court of Justice made an important clarification to the understanding of Article 102 TFEU with a judgment in case C-525/16 MEO – Serviços de Comunicações e Multimédia SA v Autoridade da Concorrência. This judgment, in which the CJEU followed the detailed Opinion of Advocate General Wahl, is important for at least three reasons: first, it clarifies the substantive scope of point (c) of Article 102 TFEU, which prohibits dominant firms from “applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage” (my emphasis); second, building on previous case law such as Post Danmark II and Intel, it provides guidance on the law of abuse of dominance in general; third, its conclusions could be significant for a particular kind of undertakings, namely holders of standard-essential patents (SEPs). Continue reading