The Court of First Instance (CFI) has dismissed the appeal lodged by the French telecommunications operator France Telecom (formerly Wanadoo) against the decision of the European Commission concerning predatory pricing in the ADSL internet market. The Commission found that the French company had infringed European competition rules by charging below cost in the market for high speed internet access as part of a plan to exclude competitors. The CFI, following previous case law, ruled that prices below average variable costs are always considered abusive. Finally, in an issue that constitutes a divergence from practice in the US and other countries, the CFI ruled that the illegality of predatory pricing is not conditional on the possibility of the dominant firm being able to recoup its losses.