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Brief 21: Tomra: rolling back form-based analysis of rebates? 04.02.07

The Tomra Article 82 Decision is the first to have been issued since DG COMP’s much-debated Discussion Paper on Article 82 was published in December 2005. A recent article in the DG COMP Newsletter by members of the Commission case team states that the decision marks an important step towards the envisaged reform of Article 82 enforcement. In this Brief we consider the Commission’s approach to Tomra’s rollback rebates and assess the implications for the brave new world of effects-based analysis.

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