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ARTICLE · 12 SEPTEMBER 2012

Belgian Competition Council Fines Presstalis For Applying Abusive Rebate Scheme

Van Bael & Bellis
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In a decision of 30 July 2012, the Belgian Competition Council held that Presstalis abused its dominant position.

BelgiumAntitrust/Competition Law

In a decision of 30 July 2012, the Belgian Competition Council held that Presstalis, a French company previously known as Nouvelles Messageries de la Presse Parisienne ("NMPP"), abused its dominant position by applying a rebates scheme that displayed exclusivity and fidelity-inducing features.

NMPP/Presstalis is active in the market for the export of French press products to foreign countries, including Belgium. This export market presents close links with the downstream Belgian market for the distribution of press products, which is the reason why the Competition Council decided to analyse both markets.

From April 2000 to October 2004, NMPP/Presstalis integrated into its general terms and conditions a rebates scheme called "BSC". The scheme consisted in a retroactive rebate of 2.5% granted to publishers that entrusted NMPP/Presstalis with the totality of their press products in the three biggest export markets for the French press (i.e., Belgium, Canada

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