CASE COMMENT: UNILATERAL PRACTICE - INCREMENTAL COSTS - PRICE DISCRIMINATION

Price discrimination: Advocate general Mengozzi advises the ECJ not to apply the Akzo ruling and the method of average incremental cost to identify the pricing practices implemented by undertakings operating in both public and private sector (Post Danmark)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. According to conclusions presented today, May 24, 2011, in the context of the Reference for a preliminary ruling by the Højesteret (Denmark) in the case of Højesteret (Denmark) in in Case C-209/10 (Post Danmark A/S v Konkurrencerådet): the lawyer in Case C-209/10 (Post Danmark A/S v Konkurrencerådet) General Paolo Mengozzi suggests that the Court of Justice of the European Union should depart from the the logic enshrined in both the Akzo judgment of 3 July 1991 in Case C-62/86 Akzo [1991] ECR I-1473 and the judgment in Case C-62/86 Akzo [1991] ECR I-1473. I-3359), according to which prices below the average total costs, which s include both fixed and variable

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Price discrimination: Advocate general Mengozzi advises the ECJ not to apply the Akzo ruling and the method of average incremental cost to identify the pricing practices implemented by undertakings operating in both public and private sector (Post Danmark), 24 May 2011, Concurrences N° 3-2011, Art. N° 54516, “www.concurrences.com”

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