The Paris Court of Appeal reduces the fine imposed by the Competition Authority on the national railway for abuse of dominance (SNCF)

In its decision no. 12-D-25 of 18 December 2012, the Autorité de la Concurrence (the French competition authority - "FCA") fined the French national railway SNCF nearly EUR 61 million for 5 counts of abusive practices in the railway freight sector and ordered the company to cease the infringement. Subsequently, on 6 November 2014, the Paris Court of Appeal (the "Court of Appeal") partially overturned the FCA's decision. Before the Court of Appeal, SNCF had challenged the 5 anti-competitive practices. The Court of Appeal backed the FCA on 4 of the practices but overruled its decision on the last practice, the application of low prices for full-train-load services. Abusive practices confirmed by the Court of appealUse of confidential information for commercial purposes The FCA ruled

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Authors

  • Herbert Smith Freehills (Paris)
  • Herbert Smith Freehills (Paris)

Quotation

Sergio Sorinas, Marie Louvet, The Paris Court of Appeal reduces the fine imposed by the Competition Authority on the national railway for abuse of dominance (SNCF), 6 November 2014, e-Competitions Bulletin November 2014, Art. N° 74673

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