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| 88. | Discrimination between customers or customer groups occurs when they are offered different conditions of supply (such as different prices or levels of quality) for the same product, for reasons unrelated to costs (117). This can lead to a distinct group of customers for the relevant product constituting a narrower, distinct market. This is typically the case when three cumulative conditions are met (118): (a) it is possible to identify clearly to which group an individual customer belongs at the moment of selling the relevant product to the customer; (b) trade between customers or arbitrage by third parties is unlikely; (c) the discrimination between customers or customer groups is of a non-transitory nature.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07 · Text as adopted (Official Journal); later amendments are not incorporated in this text.