Predatory Pricing Under Article 82 and the Recoupment Test: Do Not Go Gentle into that Good Night
European Competition Law Review, Vol. 30, No. 2, p. 61, 2009
15 Pages Posted: 9 Jan 2014 Last revised: 10 Jan 2014
Date Written: September 1, 2008
In France Télécom v. Commission, the Advocate-General proposed incorporating the “recoupment test” under article 82. It is submitted that the current understanding that evidence of likelihood of recoupment is not a necessary condition under Article 82 EC is correct. A recoupment requirement corresponds to per se legality of price predation, even when prices are below average variable cost.
Keywords: antitrust, competition, predatory pricing, recoupment
JEL Classification: K21, L12, L41
Suggested Citation: Suggested Citation