Article on the Post Danmark case by Associate Professors Björn Lundqvist and Grith Skovgaard Ølykke

The article is published in European Competition Law Review 2013(8) and concerns the clarification regarding selective low pricing made by the CJEU in the preliminary reference, and how this was implemented by Højesteret in its Post Danmark judgment from February this year. It is argued that even though the distinction between selective low pricing and rebates is difficult to make in practice, now it is clear that each of them have their own test in case law, and these tests are compared. The Courts’ adaption to the 2009 Guidance Paper and the development’s possible resemblance to the structure of the assessment under Article 101 TFEU are discussed.