Recent cases in the US (Meritor, Eisai) and in the EU (Intel ) have revived the debate on the use of price-cost tests … argue that economics alone does not justify applying a price-cost test to predation but not to loyalty discounts. Still, the …

Commission Recommendation 17, are based on whether some incremental or total price in the rebate program is less than some … price of a complement, such as retailing or distribution. This suggests a different two-prong test: Does the rebate cover a … competitively significant share of a complement market? If so, what effect does the rebate have on the price that rivals have to pay …