ALERTS : PREDATORY PRICING - DEFIINITION OF CONSUMER

Predatory pricing : The French Competition Council considers that the “consumer” referred to in Article L. 420-5 of the Commercial Code regarding unfairly low prices is one lacking special experience (Segard)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts A hospital centre had issued a call for tenders for the provision of general assistance to the contracting authority, a mission related to the construction of an establishment for the accommodation of dependent elderly persons. A bidder, denouncing the "abusively low price" bid made by another bidder, referred the matter to the Competition Council. The latter declared the seizure inadmissible, as the seizure did not establish that the hospital centre was a consumer, an essential

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Régis Pihéry, Predatory pricing : The French Competition Council considers that the “consumer” referred to in Article L. 420-5 of the Commercial Code regarding unfairly low prices is one lacking special experience (Segard), 18 January 2008, Concurrences N° 2-2008, Art. N° 27558, www.concurrences.com

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