On January 30, 2007, the European Court of First Instance (the CFI) rejected the appeal lodged by France Telecom, parent company of the Internet Service Provider Wanadoo, against a decision of the European Commission of July 16, 2003, imposing a €10.35 million fine on Wanadoo for allegedly charging predatory prices in breach of Article 82 of the EC Treaty. The CFI issued its judgment at a time when the European Commission is considering adopting a more economic and dynamic approach in its assessment of dominant firms' conduct under Article 82 of the EC Treaty. The CFI's analysis lends support to the more static and form-based approach followed by the Commission in the past, at least in relation to predatory pricing. Whether the judgment will affect the next steps of the Commission's Article 82 reform remains an open and interesting question.
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CFI upholds fine on France Telecom for predatory pricing practices
- Hogan Lovells
- (Jean-Michel Coumes)
- European Union, France
- April 1 2007
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