Pros and Cons 2018

We have a tradition of arranging seminars on major issues, where academics and practitioners meet in the same arena.

The seminars, which are open for competition authority employees, researchers, lawyers and competition consultants, have been appreciated for the open discussion among the participants and we hope that this year’s seminar will be no exception.


See the webcast from the seminar

Seminar in Stockholm on Friday 9 November

This year’s seminar theme is The Pros and Cons of Rebates. The contributors will present their papers and leading officials from competition authorities around the world will act as discussants. The seminar takes place in Stockholm on Friday 9 November 2018.

In 2009, the Commission published its Guidance on enforcement priorities in applying Article 102 of the TFEU to abusive exclusionary conduct by dominant undertakings (the so-called Article 102 Guidance Paper). Its publication was an important element in the Commission’s efforts to modernise the European competition law framework by endorsing a more economic approach. The Article 102 Guidance Paper also laid out the Commission’s analytical framework for its assessment of conditional rebates as a form of exclusionary abuse of dominance. At the same time, the EU Courts’ case law regarding rebates has developed.

This year’s Pros and Cons seminar, moderated by Professor Giorgio Monti, will discuss the question of how the competitive assessment of rebates has evolved and how the more economic approach is reflected in the assessment of rebates. Six leading researchers and practitioners (Jorge Padilla, Joshua D. Wright, Chiara Fumagalli, Pinar Akman and Lucas Peeperkorn) offer their views on the topic and tackle various interesting sub-topics. Are the economic analytical tools at hand useful and appropriate for assessing rebates? What is the exclusionary standard when it comes to rebates? Do other exclusionary standards apply for rebates compared to those that apply for other forms of abuse? Is there internal coherence within the competition law framework of are rebates the odd ones out?

Seminar Program

8.30 Registration and Coffee
9.00 Welcome address by the the SCA, Deputy Director General Karin Lunning

Introduction by the conference Chair
Professor Giorgio Monti
European University Institute



Keynote address
Judge Paul Nihoul
General Court of the European Union

The role of judges in economic law.



Dr Jorge Padilla
Senior Managing Director, Compass Lexecon

The As Efficient Competitor Test


Discussant: Olli Kauppi, Chief Economist, Finnish Competition and Consumer Authority



Coffee break



Professor Joshua D. Wright
George Mason University Antonin Scalia Law School

A Transactions Cost Analysis of Rebates and Non-Linear Pricing


Discussant: Johan Sahl, Deputy Head of Market Abuse Unit, Swedish Competition Authority.



Professor Chiara Fumagalli
Avv. Agnelli Associate Professor in Economics
Director of the Bachelor in International Economics and Finance, Bocconi University

On the use of price-cost tests in loyalty rebates and exclusive dealing arrangements

Discussant: John Moore, Economist, French Competition Authority


13.00 Lunch

Professor Pinar Akman
Director, Centre for Business Law and Practice, Professor of Law, University of Leeds

The More Economic Approach and Internal Coherence in the Case Law: Are Rebates Special?

Discussant: Alexis Walckiers, Chief Economist, Belgian Competition Authority


15.00 Coffee break 

Lucas Peeperkorn,
European Commission


Conditional pricing and the AEC test - a happy marriage or an awkward couple?

Discussant: Prof. Dr. Dr. Doris Hildebrand, Founder and Managing Partner, European Economic & Marketing Consultants GmbH



Closing of seminar


Each speaker has 30 minutes for their presentations and the discussants have 15 minutes each, leaving 15 minutes for general discussion.

Please note that the program is not final and may be updated.


The seminar venue is Spårvagnshallarna (Lecture hall: Spårvagnen), Birger Jarlsgatan 57A. See map


See the webcast from the seminar


If you have any question regarding the conference or the papers, please do not hesitate to contact the organiser Corina Wahlin ( Administrative assistance can be provided by Saba Zarrani (

The information on this website will continuously be updated.


The registration is closed.

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