LAW & ECONOMICS : POST DANMARK JUDGMENT - ABUSES OF DOMINANCE - COURT OF JUSTICE – COMMISSION – CONVERGENT APPROACH

Towards a unified framework regarding control of price-based exclusionary abuses? Post Danmark reviewed

KEYWORDS

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.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. This article is an expanded version of a shorter contribution published in the Trends dossier of this No. 3-2013 "The efficient operator test". The tables mentioned by the author are reproduced in the pdf version attached to this article. 1. The judgment of the Court of Justice of the European Union Post Danmark (Post Danmark AS v. Konkurrencerådet, Case C-209/10, 27 March 2012) is likely to have a decisive impact on European decision-making practice in the area of price-based predatory pricing strategies. Indeed, three years after the publication of the Commission's Guidelines on the priorities for the application of Article 82 (now 102) of the Treaty to

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