ALERTS: UNILATERAL PRACTICES - FRANCE - RAIL TRANSPORT - EVICTION - AS EFFICIENT COMPETITOR

As efficient competitor: The Commercial Chamber of the French Supreme Court confirms in all respects the analysis of the Paris Court of Appeal concluding that there was a strategy of eviction implemented in the rail freight transport case (SNCF)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 9 June 2021, the Commercial Chamber of the Court of Cassation issued a judgment in which it confirms the analysis adopted in thejudgment of 20 December 2018by the Chamber 5-7 of the Paris Court of Appeal, ruling on referral after partial cassation, according to which SNCF implemented a plan to eliminate, not all competition on the massive train market, but competitors on certain most important contracts, This confirms the Authority's conclusion that SNCF, by submitting offers at prices below the average long-term marginal cost (LMLMC) as part of a strategy of eviction, has engaged in practices contrary to Articles L. 420-2 of the Commercial Code and

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  • L’actu-concurrence (Paris)

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Alain Ronzano, As efficient competitor: The Commercial Chamber of the French Supreme Court confirms in all respects the analysis of the Paris Court of Appeal concluding that there was a strategy of eviction implemented in the rail freight transport case (SNCF), 9 June 2021, Concurrences N° 2-2021, Art. N° 101243, www.concurrences.com

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