The EU Court of Justice applies effects-based approach to claim of exclusionary pricing abuse (Post Danmark)

Looking back at a 2012 highlight: Post Danmark* Looking back at 2012 antitrust developments and browsing through this blog, I was surprised not to see any posting on what was in my view a major highlight of the past year, namely the EU Court of Justice (ECJ) judgment in Post Danmark (C-209/10). In a sweet and short judgment (8 pages) issued on March 27, 2012, the ECJ embraced indeed a modern vision of Art. 102 TFEU enforcement that had been badly missing until then. The judgment was rendered in response to a request for preliminary ruling, so it is unclear whether and how the ECJ will translate that approach in annulment cases (the Tomra judgment dated a couple of weeks later was not exactly encouraging in that respect), but it still sets a very useful precedent for it contains a

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • DG COMP (Brussels)

Quotation

Damien Gerard, The EU Court of Justice applies effects-based approach to claim of exclusionary pricing abuse (Post Danmark), 27 March 2012, e-Competitions Bulletin March 2012, Art. N° 54030

Visites 157

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues