The Post Danmark judgment seems to initiate a convergence between the Court of Justice of the European Union’s case law and the more economic approach of the abuses of dominance advocated by the European Commission. One of the most interesting dimensions of this Judgment is undoubtedly a new costs test aiming at defining price-based exclusionary practices, whose scope is broader than the test usually used for predatory pricing. This article analyzes the potential breakthroughs of the Post Danmark Judgment, before illustrating the possible difficulties of Implementation of such a "defragmentated" approach of price-based exclusionary abuses.
Access to this article is restricted to subscribers
Already Subscribed? Sign-in