CASE COMMENT: UNILATERAL PRACTICES - TEST - SELECTIVE PRICES
Selective prices: The EU Court of Justice confirms the implementation of the Akzo/Deutsche Post test to selective prices practices by a dominant operator having an obligation to provide universal service (Post Danmark)
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In the absence of a plan to foreclose a competitor, is a practice selectively priced, deliberately geared towards the main customers of this competitor, implemented by a postal undertaking in a position of strength in the market dominant and carrying a universal service obligation, perhaps abuse of exclusion when the prices charged are lower than the prices charged by the company. average total costs, but higher than its average incremental costs?
That was essentially the meaning of the reference for a preliminary ruling. brought by Højesteret (Denmark) in Case C-209/10 (Post Danmark A/S against Konkurrencerådet), in which the Court of Justice of the
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