Low price practices: The Court of Cassation refuses to sanction very low prices as an act of unfair competition (Usines Merger/Giat)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – Cass. com, 6 December 2005, Merger Factories v. Giat Industries and others, No. 05-10.929. To the question "can an action for unfair competition sanction an abnormally low price practice deemed not to be contrary to the provisions of the Commercial Code by the Competition Council", the Court of Cassation answers here, without hesitation, in the negative. In the present case, one company, which manufactures and markets speed reducers, accused another company, its holding company and its subsidiaries of having engaged in cartel practices, abuse of a dominant position, abusively low prices and unfair competition on that market. The French Competition