Official Journal of the European Union

C 179/25

(Case C-209/10)

(2010/C 179/40)

Language of the case: Danish

Referring court

Parties to the main proceedings

Applicant: Post Danmark A/S

Defendant: Konkurrencerådet

Intervener: Forbruger-Kontakt a-s

Questions referred

1.Is Article 82 EC to be interpreted as meaning that selective price reductions on the part of a dominant postal undertaking that has a universal service obligation to a level lower than the postal undertaking’s average overall costs, but higher than the provider’s average incremental costs, can constitute exclusionary abuse, if it is established that the prices are not set at that level for the purpose of eliminating a competitor?

2.If the answer to question 1 is that a selective price reduction in the circumstances outlined in question 1 can, in certain circumstances, constitute exclusionary abuse, what are the circumstances that the national court should take into account?