A New Route for Predation?

Posted by D. Daniel Sokol

With the ICN unilateral working group focusing on predation this year, I am a bit fixated on any papers on the subject.  Gunnar Niels of Oxera offers insights into the latest British case on the subject in his paper A new route for predation? The High Court ruling in the CCT v Arriva bus case.

ABSTRACT: Predatory pricing cases in the UK bus industry are legendary. Following a trend for commercial disputes to be settled by private actions rather than through competition authorities, Chester City Transport alleged that Arriva’s entry onto a number of its bus routes amounted to predatory behaviour. Earlier in 2007, the High Court found that, on the basis of economic evidence, despite a strong position in the area around Chester, Arriva could not be deemed to be dominant. This ruling has relevance for future Article 82 cases.