AEC Test: The French Supreme Court confirms the analysis of the Paris Court of Appeal in the implementation of the equally effective competitor test (SNCF)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Once again, the implementation of the "As Efficient Competitor" (AEC) test in the rail freight case (SNCF) is the subject of a ruling by the Commercial Chamber of the French Supreme Court. It is well known that this test, which stems from the Areeda and Turner rule and is enshrined in EU competition law by the Akzo (CJCE, 3 July 1991, AKZO/Commission, C-62/86) and Post Danmark (CJEU, 6 October 2015, Post Danmark, C-23/14), involves checking, in the light of economic data relating to a dominant undertaking's costs and selling prices, whether it is undercutting costs. The case began in 2012, when the French Competition Authority sanctioned the SNCF for