(i) Discrimination and differentiation of sales conditions

A company with a dominant position may not discriminate in its sales conditions towards similar customers and with comparable circumstances. It is prohibited to grant different sales conditions (e.g. prices, rebates) to distributors or customers with the same characteristics.

It is permitted to grant different sales conditions to distributors providing special services that are not provided by other distributors and to distributors in different stages of the distribution channel (wholesalers – retailers).

Antitrust law in the U.S. or other countries may differ from the EU. Under U.S. antitrust law, the Robinson-Patman Act established an elaborate set of rules concerning price discrimination. These principles apply equally to all buyers and sellers.