COMPETITION • EUROPEAN LAW ABUSE OF DOMINANT POSITION

The terms and conditions applied by an undertaking in a dominant position may be unfair to its competitors or to consumers if they result from the excessively low rate of prices charged. The abusive nature of a practice of excessively low pricing is assessed in the light of the overall long-term costs of the undertaking, the needs of consumers, the need for a satisfactory return on capital, the competitive situation of the market, including the prices charged by competitors, and the need to prevent dumping.