CASE COMMENT: UNILATERAL PRACTICES - PREDATION - RECOUPMENT OF LOSSES - MEETING COMPETITION DEFENCE

Predation: The European Court of Justice rules that possibility of recoupment is not part of the legal test for predation; meeting competition defence is not available for dominant firms engaging in predatory pricing (France Télécom)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. ECJ, 2 April 2009, France Télécom v Commission, Case C-202/07 P In its judgment in Wanadoo, the Court of First Instance confirmed the Commission's condemnation of pricing practices implemented by France Télécom at the time of the launch of high-speed internet access for individuals in France (CFI, 30 January 2007, France Télécom v Commission, T 340/03, ECR p. II-107, note A.-L. Sibony, [2007] ECR II-107).LPA, June 6, 2007, pp. 14-22). This judgment had attracted attention because the Wanadoo case was the first in a long time to give the Community judge the opportunity to rule on the analysis of predation prices. However, since the judgments in Akzo and Tetra

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  • Catholic University of Louvain

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Anne-Lise Sibony, Predation: The European Court of Justice rules that possibility of recoupment is not part of the legal test for predation; meeting competition defence is not available for dominant firms engaging in predatory pricing (France Télécom), 2 April 2009, Concurrences N° 2-2009, Art. N° 26022, pp. 112-116

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