Predatory pricing, competition law, France, European Union, anticompetitive practices, abuse of dominant position, digital markets, e-commerce, Average Variable Cost, Akzo Case, Post Danmark Case
Reader
Abstract
Extract
of 3
Abstract
Analysis of the legal framework and challenges in regulating predatory pricing practices in France and the European Union, including the role of competition law and authorities.
Extract
[...] Plan : Part The Legal Apprehension of Predatory Prices in France and the European Union Chapter The Qualification of Predatory Prices as an Anticompetitive Practice Section The Definition and Constitutive Elements of Predatory Prices A. The Intentional Element: The Objective of Eliminating a Competitor The Wanadoo Interactive Case (ECJ, 2003), Demonstration of the Predatory Intentionality B. The Material Element: The Fixation of Prices Below Production Costs The Akzo Case (ECJ, 1991) and the Average Variable Cost Approach Section Predatory Pricing Regulation in French and European Law A. The Legislative and Regulatory Framework in French Law Article . 420-2 of the Commercial Code and the prohibition of abuse of dominant position B. [...]
[...] The need for a sectoral approach to adapt regulation The impact of predatory pricing on digital platforms and e-commerce Chapter Paths for improving the legal framework and regulation Section Towards strengthening the powers of the Competition Authority A. Strengthening investigative and surveillance capabilities The possibility of imposing more effective conservation measures B. Improving sanctions to ensure a deterrent effect Comparison of French sanctions and the practices of the European Commission Section Adapting Competition Law to New Economic Dynamics A. Better consideration of digital markets Amazon and the Price War on the E-book Market B. [...]
[...] Analysis of the competitive environment and market impact Section Sanctions and their limits in the fight against predatory pricing A. Administrative and pecuniary sanctions B. Effectiveness of sanctions: deterrent device or insufficient? The case of SFR and Bouygues Telecom (2014) and the difficulty of preventing recidivism Part II: Challenges and prospects for improving the legal framework of predatory pricing Chapter The balance between the repression of predatory pricing and the preservation of competition Section The risk of sanctioning legitimate commercial strategies by mistake A. [...]
