Equally efficient competitor standard

The GREDEG working paper on the equally competitor standard in a revised version

http://www.gredeg.cnrs.fr/working-papers/GREDEG-WP-2013-26.pdf

The Post Danmark judgment may cast the light on the interpretations by the EU

Court of Justice of crucial dimensions of the competition policy as: selective price

cuts, above-cost rebates, costs test for exclusionary abuses with common costs. As we

see one of the main interests of the decision lies on the cost criteria used by the Court

to determine if a given price practice mayexclude a competitor as efficient as the

incumbent. In other words, does Post Danmark constitutes a real step towards the

appropriation by the Court of Justice of the more economic approach promoted by

the Commission and, more broadly, is really the logic of the Court coherent with an

effects-based approach? Does Post Danmark conciliates the traditional decisional

practice of the Court with the new principles of competition policy enforcement

advocated by the Commission since the issuance of its February 2009 guidelines,

relative to the exclusionary practices of dominant undertakings?