ALERT: UNILATERAL PRACTICE - ABUSE OF DOMINANT POSITION - PRELIMINARY RULING - EXCLUSIONARY EFFECT - AS-EFFICIENT-COMPETITOR TEST - DEGREE OF LIKELIHOOD AND SERIOUSNESS OF AN ANTI-COMPETITIVE EFFECT

Preliminary ruling: The Court of Justice of the European Union rules that in a situation such as that in the main proceedings, characterised by the holding by the dominant undertaking of a very large market share and by structural advantages conferred, inter alia, by that undertaking’s statutory monopoly, applying the as-efficient-competitor test is of no relevance inasmuch as the structure of the market makes the emergence of an as-efficient competitor practically impossible (Post Danmark)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 6 October 2015, judgment C-23/14 (Post Danmark) On 6 October 2015, the Court of Justice of the European Union gave its judgment http://curia.europa.eu/juris/docume... in Case C-23/14 (Post Danmark A/S v Konkurrencerådet): reference for a preliminary ruling from the Sø- og Handelsret, a Danish court, in a dispute concerning a new Post Danmark, but not for a policy of low prices applied to certain important former customers of a competitor, but for a practice of loyalty rebates. In that judgment, the Court essentially follows the Opinion delivered on 21 May 2015 by Advocate General Juliane KokottThe European Commission has also urged the Commission not

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Preliminary ruling: The Court of Justice of the European Union rules that in a situation such as that in the main proceedings, characterised by the holding by the dominant undertaking of a very large market share and by structural advantages conferred, inter alia, by that undertaking’s statutory monopoly, applying the as-efficient-competitor test is of no relevance inasmuch as the structure of the market makes the emergence of an as-efficient competitor practically impossible (Post Danmark), 6 October 2015, Concurrences N° 1-2016, Art. N° 78116, www.concurrences.com

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