The Italian Unilever Judgment on Exclusive Dealing: Helpful Clarification or Misguided Limitation of the Court of Justice's Intel Ruling?

摘要

1. The Italian Competition Authority's decision fining Unilever was the first of a national competition authority to deal with exclusivity obligations and rebates after the Court of Justice's Intel judgment. 2. When upholding the decision, the Italian Regional Administrative Tribunal provided a response to a number of questions left unanswered by the Intel ruling, in particular as regards the scope of application of the Intel judgment and whether previous decisions such as Hoffmann-La Roche are still good case law or must be considered as 'overruled'. 3. In the Italian court's view, the Hoffmann-La Roche per se approach will still be applicable to exclusive purchasing obligations which will be considered by their very nature to restrict competition. 4. By contrast, the requirements set out in the Court of Justice's Intel ruling will apply to abuses implemented solely by means of a rebate system.