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1.
A new approach to rebates after Intel case
Sandra Fišer Šobot, 2018, original scientific article

Abstract: Although heated debates are quite common in the law on abuses of dominant position, it is not an exaggeration to state that Intel case has generated an unusual storm of comments and discussions. In 2009, the European Commission fined Intel 1.06 billion % for abusing dominant position by granting exclusivity rebates. In 2014, the General Court rendered judgment in support of the European Commission's decision. In 2017, the Court of Justice of the European Union set aside that judgment and referred the case back to the General Court in order for it to examine Intel's arguments regarding the capacity of the rebates at issue to restrict competition. This long awaited ruling in the Intel case is so far one of the most important judgments regarding exclusivity rebates and Art. 102 TFEU enforcement. The paper addresses relevant issues and conclusions in relation to the exclusivity rebates. Additionally, the author attempts to assess possible effects and implications of the Courts of Justice's judgment.
Keywords: Art. 102 TFEU, abuse of dominant position, exclusivity rebates, the "as efficient competitor" test, effects-based approach
Published: 15.01.2021; Views: 46; Downloads: 3
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2.
Calculation of price reduction in international sale of goods contracts
Sandra Fišer Šobot, 2017, original scientific article

Abstract: Price reduction is a part of The United Nation Convention on Contract for the International Sale of Goods remedial scheme and is available to the buyer if delivered goods are not in conformity with the sales contract. Price reduction is a very suitable remedy and offers numerous advantages in comparison to other remedies. It is widely used in practice. However, diverging scholarly interpretations and relevant case law show that there are some ambiguities and uncertainties as to its calculation. This paper will examine relevant issues regarding the calculation of price reduction.
Keywords: international sale of goods, CISG, buyer's remedies, non-conformity, price reduction, calculation of price reduction
Published: 15.01.2021; Views: 26; Downloads: 2
URL Link to file
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3.
Calculation of price reduction in international sale of goods contracts
Sandra Fišer Šobot, 2017, original scientific article

Abstract: Price reduction is a part of The United Nation Convention on Contract for the International Sale of Goods remedial scheme and is available to the buyer if delivered goods are not in conformity with the sales contract. Price reduction is a very suitable remedy and offers numerous advantages in comparison to other remedies. It is widely used in practice. However, diverging scholarly interpretations and relevant case law show that there are some ambiguities and uncertainties as to its calculation. This paper will examine relevant issues regarding the calculation of price reduction.
Keywords: international sale of goods, CISG, buyer’s remedies, non- conformity, price reduction, calculation of price reduction
Published: 02.08.2018; Views: 444; Downloads: 59
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