CASE COMMENT : UNILATERAL PRACTICES - PREDATORY PRICING
Predatory pricing: The French Competition Authority uses the concept of incremental costs to identify a predatory price (Vedettes vendéennes)
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The very interesting decision No. 04-D-79 of 23 December 2004 on practices implemented by the Régie départementale des passages (Departmental Passage Board) d'eau de la Vendée (RDPEV) will draw particular attention, primarily for the competitive analysis conducted by the Council and which leads him to use the concept of cost again. incremental, which, in this case, is bound to generate some incremental questions. This decision also gave rise to a [discussion on the prerogatives of the General Rapporteur of the Council as regards the definition of the expert mission and the intervention of the rapporteur in the conduct of this expertise.
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