CASE COMMENTS: UNILATERAL PRACTICES - EXCLUSIONARY ABUSE – CONFLICT OF INTERESTS – BARRIERS TO ENTRY

Exclusionary intent: The Paris Court of Appeals partially annuls the French Competition Authority’s decision and finds that there was no exclusionary intent on the part of the incumbent French railway operator (SNCF)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. By its Decision No 12-D-25 of 18 December 2012The Authority had condemned SNCF for several abuses on the rail freight market. It had fined SNCF nearly EUR 61 million and issued several injunctions. More specifically, the abuses were found to have taken place in the "mass train" market. This activity consists of chartering a whole train to transport the goods of a single customer (instead of simply renting one or more wagons in a train, an activity known as 'transport by single wagon'). Rarely enough to be noted, the judgment, which is no less than 68 pages long, contains a detailed discussion of the implementation of the SSNIP test (pp. 7-10). However, it

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  • Catholic University of Louvain

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Anne-Lise Sibony, Exclusionary intent: The Paris Court of Appeals partially annuls the French Competition Authority’s decision and finds that there was no exclusionary intent on the part of the incumbent French railway operator (SNCF), 6 November 2014, Concurrences N° 1-2015, Art. N° 71085, pp. 97-101

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