No abuse in Saint-Jean-d’Angély water contract renewal

Conseil de la concurrence decision (7 pages in French, PDF) rejecting a competition law complaint by the losing bidder (back in 2004) for a water service management contract in Saint-Jean-d’Angély. The claim was that the winner, SAUR, who was the incumbent operator, had engaged in predatory pricing by dropping its offered price by nearly 50 per cent during negotiations with the municipality.

The complaint was rejected on the grounds that it did not allege any facts that would indicate that SAUR had a relevant dominant position: incumbency and economies of scale did not count. The decision includes a brief review of three cases in which relevant factors were found:

For further information or advice please contact Franck Latrémolière.

Filed under Article 82, Conseil de la concurrence, France, Water.

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