Discounts, Rebates and Selective Pricing by Dominant Firms: A Trans-Atlantic Comparison

"The antitrust control of discounts and selective pricing by dominant firms is commanding a lot of attention in Europe and elsewhere at the moment. On both sides of the Atlantic there has been high-profile enforcement activity. Two cases decided in 2003—Michelin v Commission and British Airways v Commission—are among the most prominent and controversial in the EU. Separately in the US private actions in particular have challenged the discounting practices of dominant companies, notably in Virgin v British Airways and 3M v LePage’s. Action by the Canadian Commissioner of Competition in Canada Pipe provides yet another example of recent intervention."