224In AKZO v Commission, cited in paragraph 100 above, paragraphs 71 and 72, the Court of Justice sanctioned the existence of two different methods of analysis for determining whether an undertaking has applied predatory pricing. First, prices below average variable costs must always be considered abusive. In such a case, there is no conceivable economic purpose other than the elimination of a competitor, since each item produced and sold entails a loss for the undertaking. Secondly, prices below average total costs but above average variable costs are only to be considered abusive if an intention to eliminate can be shown (Case C-333/94 P Tetra Pak v Commission, cited in paragraph 130 above, paragraph 41).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.