CASE COMMENT: UNILATERAL PRACTICES - ABUSE - PREDATORY PRICING - INCREMENTAL COSTS - SERVICE OF GENERAL ECONOMIC INTEREST - RELEVANT MARKET: XYZ

Incremental costs: The Paris Court of Appeal rules that notions of incremental costs and stand alone costs have no meaning in the case of an undertaking operating a service of general economic interest (Vedettes inter-îles vendéennes)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. CA Paris, ch. 5-7, 9 June 2009, Vedettes inter-îles vendéennes on remand after cassation, against Cons. conc. 04-D-79 of 23 December 2004 relating to practices implemented by the Régie départementale des passages d'eau de la Vendée (RDPEV) The "vedettes vendéennes" case probably knows its epilogue with the decision of the Court of Appeal of June 9, handed down on referral after cassation. Indeed, this decision will probably not be appealed since the company at the origin of the appeal in these proceedings was represented in the proceedings by its liquidator. This is a curious epilogue. Indeed, the debate seemed to be precisely framed after a decision

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  • Catholic University of Louvain

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Anne-Lise Sibony, Incremental costs: The Paris Court of Appeal rules that notions of incremental costs and stand alone costs have no meaning in the case of an undertaking operating a service of general economic interest (Vedettes inter-îles vendéennes), 9 June 2009, Concurrences N° 3-2009, Art. N° 27520, pp. 88-91

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