The Court of Appeal of Paris confirms absence of predatory pricing on the basis of ECJ case law (VIIV/Régie départementale des passages d’eau de la Vendée)

The “Régie départementale des passages d'eau de la Vendée” (“RDPEV”) is entrusted with the operation of a public service : it operates regular ferry services (both for passengers and for cargo and vehicles) between the mainland and l'Île d'Yeu (an island off the Atlantic coast of France) all year round. Competing private ferry companies, such as “Vedettes inter-îles Vendéennes” (“VIIV”), offer ferry services during the summer season only. VIIV had complained before the Competition Council that prices charged by RDPEV in the summertime were below cost, and that RDPEV had therefore abused of its dominant position on the market open to competition (i.e. passenger ferry services between the mainland and l'Île d'Yeu in the summer season, where RDPEV hold a market share of more than 70 %). Cost

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Jérôme Philippe, Charlotte-Mai Doremus, The Court of Appeal of Paris confirms absence of predatory pricing on the basis of ECJ case law (VIIV/Régie départementale des passages d’eau de la Vendée), 28 June 2005, e-Competitions June 2005, Art. N° 287

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