Badmouthing Your Competitor’s Products: When Does Denigration Become an Antitrust Issue?
Written By
Associate
Denmark
I am an Associate in the EU & Competition and International Projects and Procurement groups. I work with a strong commitment to achieve pragmatic and measurable commercial solutions for our clients.
Partner
Denmark
I'm a partner and co-head of our international Competition & EU group. I also lead the Competition & EU team in Denmark. I have a particular focus on applying competition & EU law as a tool to achieve specific and measurable business objectives for our clients.
In this article, published in the American Bar Association’s publication Antitrust Source, authors Morten Nissen and Frederik Haugsted explore a new form of abusive conduct that has been identified and pursued by different competition authorities across Europe in the past decade, and examine the evolving case law in addressing claims that dominant firms can violate Article 102 of the Treaty on the Functioning of the European Union through ‘denigration’ - disseminating negative information to customers about their competitors’ products.
This article won the 2021 Antitrust Writing Award, instituted by leading competition law publisher Concurrences and The George Washington University Law School, in the category ‘Business Articles – Unilateral Conduct’.
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