CASE COMMENTS: UNILATERAL PRACTICES - EXCESSIVE PRICES - APPLICABLE CRITERION
Excessive prices: The French Supreme Court confirms the approach of the Paris Court of Appeal in determining an excessive pricing practice (Sanicorse, Cesarini)
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By a judgment of 7 July 2021, the Court of Cassation dismissed the appeals of the French Competition Authority ("the Authority") and the Minister of the Economy against the judgment of the Paris Court of Appeal (the "Court of Appeal") of 14 November 2019.
The Court of Appeal had in fact annulled the Authority's decision of September 20, 2018, by which the latter had sanctioned Sanicorse, jointly and severally with its parent company, SAS Groupe Cesarini, for an abuse of dominant position in the form of excessive prices (Aut. conc., decision no. 18-D-17 of September 20, 2018, relating to practices implemented in the sector of the elimination of waste from
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