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English to Swedish translations [PRO] Law/Patents / EC Competition Law
English term or phrase:claw back
In general, the risk that the European Commission will conclude that a particular form of discount is an abuse of a dominant position and infringes Article 82 (or at least constitutes a serious infringement), will be significantly reduced as long as:
-if progressive rates are used, the discount obtained for purchasing a certain quantity does not increase the rate applicable to quantities previously purchased under a lower rate (non-retroactive)
- the reference period used to aggregate sales for the discount is not excessive (no longer than three to six months)
- if the discount involves advance payments, it does not include a "claw back" provision (in particular for those discounts involving longer reference periods)