ALERTS : ANTICOMPETITIVE PRACTICES - ABUSE OF A DOMINANT POSITION - PREDATION

Abuse of a dominant position : The Paris Court of Appeal calls for greater care and vigilance to be exercised when assessing “predation by reputation” claims (GlaxoSmithKline France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The abuse of a dominant position through predatory pricing has been difficult to characterise since the Akzo ruling by the ECJ on 3 July 1991. [1] The judgment defined predation as "the practice by which a dominant undertaking fixes its prices at a level [far below its costs] (...) with the object of foreclosing or disciplining one or more competitors, or of making it more difficult for future competitors to enter the market". In order to escape this complaint, the undertaking in a dominant position must charge prices that are not abusive. With regard to this concept, it should be recalled that prices below average variable costs must

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Marie Koehler de Montblanc, Abuse of a dominant position : The Paris Court of Appeal calls for greater care and vigilance to be exercised when assessing “predation by reputation” claims (GlaxoSmithKline France), 8 April 2008, Concurrences N° 3-2008, Art. N° 27581, www.concurrences.com

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