The Paris Court of Appeal clarifies the relevant test for characterising an excessive price in the market of waste disposal for hospitals and clinics in Corsica (Sanicorse)

On 14 November 2019 [1], the Paris Court of Appeal (the “Court”) quashed a decision of the French Competition Authority (“FCA”) of 20 September 2018 [2] in which the latter had imposed € 199 000 fine on Sanicorse for having abused its dominant position on the market for infectious clinical waste (“ICW”) management. Although it is a matter for companies to decide on the level of their prices, Article 102 of the Treaty on the Functioning of the European Union prohibits dominant firms from “directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions”, such as excessive prices. While in the past there have been relatively few cases on excessive pricing, competition authorities throughout Europe have recently shown a renewed interest in this much debated

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Mélanie Thill-Tayara, Marion Provost, The Paris Court of Appeal clarifies the relevant test for characterising an excessive price in the market of waste disposal for hospitals and clinics in Corsica (Sanicorse), 14 November 2019, e-Competitions November 2019, Art. N° 93760

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