CASE COMMENTS: UNILATERAL PRACTICES - DOMINANT POSITION - GLOBAL BID

Analysis of the anticompetitive character: The Paris Court of Appeal confirms the French Competition Authority’s decision finding the presentation of a global bid in response to the invitation to tender for the provision of shipping services to be an abuse of a dominant position, given that the incumbent operator knew that it would be impossible for its competitors to compete with such a bid (SNCM)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – CA Paris, ch. 5-7, March 9, 2010, SNCMv. Council, Dec. No. 09-D-10 on practices in the maritime transport sector between Corsica and the mainland The Paris Court of Appeal was seised of an appeal by SNCM against the latest decision

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Anne Wachsmann, Bastien Thomas, Analysis of the anticompetitive character: The Paris Court of Appeal confirms the French Competition Authority’s decision finding the presentation of a global bid in response to the invitation to tender for the provision of shipping services to be an abuse of a dominant position, given that the incumbent operator knew that it would be impossible for its competitors to compete with such a bid (SNCM), 9 March 2010, Concurrences N° 2-2010, Art. N° 31267, pp. 81-82

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