Ciseaux tarifaires abusifs: un aperçu des jurisprudences nationales de l'Union européenne

Abstract

The purpose of this brief article is to introduce the reader to the national case-law on abusive margin squeezes that was commented in the e-competitions bulletin over the period 2003-2009.To this end, it seeks, to the extent possible, to analyze the 23 e-competitions case notes in relation to six items which are generally reviewed in margin squeeze cases, i.e., existence of an upstream input and a downstream product/service (1); indispensability of the upstream input (2); dominance in the upstream market and vertical integration (3); particularly aggressive downstream pricing policy (4); anticompetitive effects (5); absence of objective justifications (6). In addition, the present article reviews a seventh issue, namely sanctions and remedies (7), where national enforcement practices may again diverge/converge