Competition and Regulatory Newsletter

Court of Justice provides clarity on the concept of “competitive disadvantage” in its recent MEO ruling

On 19 April 2018 the European Court of Justice issued its judgment in case C-525/16 MEO v Autoridade da Concorrência. Under Article 102(c) TFEU dominant undertakings are prohibited from applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage, insofar as trade between Member States may be affected. The judgment in MEO offers guidance on when differential pricing by dominant undertakings is anti-competitive, with the Court considering the concept of “competitive disadvantage” within Article 102.

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