The European Court of Justice (ECJ) has upheld the Judgment of the Court of First Instance (CFI) which imposed a fine of EUR 10.35 million on France Telecom (FT) for abuse of a dominant position on the French internet access market. Following a sector inquiry launched by the European Commission in 1999, the prices charged by Wanadoo Interactive to its residential customers in France for high-speed internet access were reviewed. The Commission found that Wanadoo’s prices were predatory because: (i) they did not enable Wanadoo to cover its variable or full costs and (ii) they were fixed as part of a plan to pre-empt the high-speed internet access market during a key phase in its development. Considering that Wanadoo had abused its dominant position in the high speed internet access market, the Commission imposed a fine of EUR 10.35 million. Wanadoo challenged this decision before the CFI and following its merger with FT in 2004, FT succeeded to Wanadoo’s rights. On 30 January 2007, the CFI dismissed FT’s action and upheld the fine imposed on Wanadoo (see Brussels Brief, 2 February 2007). FT then appealed this Judgment before the ECJ. The ECJ found that the CFI did not make any errors of law in dismissing FT’s action. In addition, the ECJ found that the CFI was justified in finding that demonstrating the possibility to recoup losses is not a necessary precondition for a finding of predatory pricing.