The French Court of cassation rules that the Paris Court of appeals has not given a legal basis to its judgement confirming the NCA decision having put an end to an exclusive distribution agreement on the mobile phone market (Apple iPhone)

Further to an agreement with Apple company, Orange became the exclusive carrier service provider and exclusive iPhone wholesaler over the French territory. Bouygues Télécom referred the matter to the French Competition Authority which ruled that this agreement seriously and immediately undermined the economy of the carrier services as well as the consumers' interest, and was consequently likely to violate article 81 [1] of the EC treaty and article L. 426-1 of the French Code de commerce. Orange appealed this decision before the Paris Court of appeals, which confirmed it. Orange and France Telecom took the case before the French Cour de cassation. The Facts The partnership with Apple provided to Orange a double exclusivity (both as a carrier and a wholesaler) over the French territory,

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Christophe Roquilly, The French Court of cassation rules that the Paris Court of appeals has not given a legal basis to its judgement confirming the NCA decision having put an end to an exclusive distribution agreement on the mobile phone market (Apple iPhone), 16 February 2010, e-Competitions Bulletin Exclusivity clause, Art. N° 30918

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