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Case C-209/10: Reference for a preliminary ruling from the Højesteret (Denmark) lodged on 3 May 2010 — Post Danmark A/S v Konkurrencerådet
ECLI:EU:UNKNOWN:62010CN0209
62010CN0209
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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?