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Self-Preferencing: A German Perspective

BY | June 24, 2020

Prohibiting self-preferencing should remain the exception. Under current law, the non-discrimination rule in Article 102(c) TFEU is arguably only applicable to self-preferencing in cases where the undertaking is under a…

Prohibiting self-preferencing should remain the exception. Under current law, the non-discrimination rule in Article 102(c) TFEU is arguably only applicable to self-preferencing in cases where the undertaking is under a regulatory duty not to discriminate. It is possible to find that the prohibition of exclusionary abuses can result a de facto prohibition of self-preferencing. However, finding such an abuse must take into account the reasons why the non-discrimination rule does not generally pro

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