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NEWSLETTER 2013
156
The practice should be examined under the Draft Guidelines since all
conditions stated in the Board’s decisions should have been included
in the Draft Guidelines. Nevertheless, in the Draft Guidelines, it is not
mentioned that (i) occupying a dominant position is a pre-condition for
predatory pricing. In addition, no reference is made to (ii) the conditions
of profitability and objective and to (iii) detailed decisions of the Board.
In other words, the Draft Guidelines are not sufficient to guide
undertakings in their practices.