| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 137 (Jul) |
| Neutral Citation: | [2003] CAT 11 |
| Court: | Competition Appeal Tribunal |
| Judge: | Sir Christopher Bellamy (President), Professor A Bain and Ms P Quigley |
| Representation | Nicholas Green QC (instructed by Herbert Smith) for the applicant. |
| Mark Hoskins (instructed by Director of Legal Services, Office of Fair Trading) for the respondent. | |
| John Hill (instructed by Shoosmiths) for the intervener. | |
| Judgment Dates: | 23 June 2003 |
Catchwords
Competition - Competition Appeal Tribunal - Appeal - Abuse of dominant position - Pricing of advertising space in newspapers - Relevant market - Definition of relevant market by Director General - Correctness of finding of abuse by Director General - s 36(3).
The Case
If a dominant undertaking knowingly adopted a predatory pricing policy with the intention of eliminating a competitor, it would be presumed to have that intention for as long as it knowingly continued with that pricing policy unless there was clear evidence that the dominant undertaking intended to terminate that policy and had taken active and effective steps to do so.
Practice Areas
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