The Commission Guidance on Predation: A Cautious Step In the Right Direction?

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Thomas Janssens, Feb 05, 2009

In the EU, predatory pricing analysis traditionally has stood somewhat apart from the assessment of other types of unilateral conduct under Article 82 EC Treaty. In its AKZO judgment of 1991, the European Court of Justice (“ECJ”) relied on cost and sales price data, by adopting the Areeda-Turner test for predation, long before an economic approach to abuse of dominance analysis became perv