CASE COMMENTS : UNILATERAL PRACTICES – EXCLUSIONARY ABUSE – PREDATORY PRICING – INCREMENTAL COSTS

Incremental costs: The Paris Court of Appeal, seized for the third times in a case about ferries in Vendée, relies on the Post Danmark judgement of the Court of justice, incorporates the effects-based approach in French competition law and applies the modified Akzo test for predation, using incremental costs for a multi-product firm (Pelletier)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. After 8 years of legal vicissitudes, the decision of the Competition Council of 23 December 2004 in the "vedettes vendéennes" case is annulled and the case is referred back to the Competition Authority for investigation. In this decision, the Council found that the Régie des passages d'eau de Vendée had not committed an abuse. This decision was upheld on appeal, but the Court of Cassation was not convinced by the reasoning behind it. Ruling on remand, the Court of Appeal had evaded the crucial point concerning the characterization of predatory pricing in the specific case of a dominant undertaking exercising both a public service mission and a competitive

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  • Catholic University of Louvain

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Anne-Lise Sibony, Incremental costs: The Paris Court of Appeal, seized for the third times in a case about ferries in Vendée, relies on the Post Danmark judgement of the Court of justice, incorporates the effects-based approach in French competition law and applies the modified Akzo test for predation, using incremental costs for a multi-product firm (Pelletier), May 2013, Concurrences N° 2-2013, Art. N° 52173, p. 74

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