197It is clear therefore that, in the case of predatory pricing, the first element of the abuse applied by the dominant undertaking comprises non-recovery of costs. In the case of non-recovery of variable costs, the second element, that is, predatory intent, is presumed, whereas, in relation to prices below average full costs, the existence of a plan to eliminate competition must be proved. According to Case T-83/91 Tetra Pak v Commission, cited in paragraph 130 above, paragraph 151, that intention to eliminate competition must be established on the basis of sound and consistent evidence.
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