Jean-Paul Tran Thiet

JPTT-Vitale (Paris)
Lawyer (Founding Partner)

Jean-Paul Tran Thiet founded JPTT & Partners in December 2016. He previously headed White & Case’s EU, Competition and Regulatory Practice in Paris. He specializes in EU and French Competition law and regulated industries, such as telecommunications, energy, and transport. Jean-Paul capitalizes on his experience of more than thirty years in these areas. Before entering the legal practice in 1992, he has held top-ranking positions as a high official in both Paris and Brussels including as advisor to the French Prime Minister, advisor, and then Co-Director to the private office of the Deputy Minister responsible for European Affairs, head of department at the SGAE (Secretary General for European Affairs, Prime Minister’s Office) and advisor to the private office of the Vice-President of the European Commission. Jean-Paul’s current activities notably include advising businesses in Europe and in France experiencing competition-related problems (agreements and concerted practices, dominant positions, mergers, state aids, etc.). He also advises clients in negotiating and applying European and national laws in system industries, notably in relation to the liberalization of the electricity and gas markets, telecommunications and broadcasting, transport (air, rail, sea, and urban transportation), and postal services.

Distinctions

Linked author

JPTT-Vitale (Paris)

Articles

2610 Bulletin

Jean-Paul Tran Thiet, Alexandra Sieffert-Xuriguera Regulated prices & energy: an overview of EU and national case law

539

This Special Issue provides an overview of the main developments related to Regulation and Competition in the Energy sector from 2002 to September 2020.

As the concept of “Regulation” has a very broad and sometimes ambiguous meaning, many authors have tried to define it. One of the most popular definition is from Philip Selznick, which states that regulation is a “sustained and focused control exercised by a public agency over activities that are valued by the community”. As David Levi-Faur explained in his Handbook on the politics of regulation, this definition implies that regulation involves “a continuous action of monitoring, assessment, and refinement of rules rather than ad hoc operation”.

Charles Balmain, Jean-Paul Tran Thiet, Mark D. Powell, Mark J. Gidley The UK Court of Appeal requires French defendants to comply with disclosure orders despite the French "blocking statute" (Secretary of State for Health / Servier Laboratories)

200

This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The existence in several countries of “blocking statutes”, which prohibit the provision of economic information to foreign authorities or courts (or require prior (...)

364518 Review

Jean-Paul Tran Thiet, Laetitia Ghebali, Orion Berg Net neutrality: The Body of European Regulators for Electronic Communications publishes draft guidelines on the implementation of the net neutrality Regulation

147

According to Article 5(3) of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures on open Internet access (hereinafter the ’Regulation’), ’no later than 30 August 2016, in order to contribute to the consistent application of this (...)

Emily Xueref-Poviac, Jean-Paul Tran Thiet, Orion Berg Electronic communications: The French Regulatory Authority for electronic communications and post exercises its newfound authority over mobile network sharing and publishes guidelines

150

Since August 2015, the Autorité de Régulation des Communications Electroniques et des Postes ("ARCEP") has the power to require mobile network operators to modify their network sharing contracts (roaming, network sharing, etc.), where this is necessary to achieve regulatory objectives. Many (...)

Emily Xueref-Poviac, Jean-Paul Tran Thiet, Orion Berg Rail transports: The French rail and road regulatory body delivers a decision on an allocation request of railway infrastructure capacities with the infrastructure manager (SNCF Réseau)

150

In July 2015, the Auvergne Region and the Rhône-Alpes Region, which since 1 January 2016 has formed a single Auvergne-Rhône-Alpes Region ("the Region"), referred a dispute with SNCF Réseau concerning the implementation of the procedure for allocating train path capacity to the Autorité de (...)

Jean-Paul Tran Thiet, Laetitia Ghebali, Orion Berg Net neutrality: The French Senate examines a bill "for a digital Republic" imposing net neutrality principle following such regulatory developments in the United States and in the European Union

162

Over the past two years, both the United States and the European Union have attempted to provide a regulatory solution to the net neutrality issue with the adoption by the US regulator, the Federal Communications Commission ("FCC"), of a regulation on February 26, 2015 (the "FCC Regulation"), (...)

Jean-Paul Tran Thiet, Laetitia Ghebali, Orion Berg Broadcasting: The French Audiovisual Council rejects the request from two channels to switch to free-to-air broadcasting and grants the request from one channel to switch to free-to-air broadcasting (La Chaîne Info (LCI), Paris Première, Planète +)

148

By two decisions of 17 December 2015, the Conseil Supérieur de l’Audiovisuel (hereinafter "CSA") rejected the requests for approval of changes to the financing arrangements for the television channels "Planète +" (Canal Plus Group) and "Paris Première" (Métropole Télévision Group, hereinafter "M6"). (...)

Emily Xueref-Poviac, Jean-Paul Tran Thiet, Laetitia Ghebali, Orion Berg Net neutrality: The European Union adopts a regulation establishing the principle of net neutrality and abolishing roaming charges

190

Following the agreement reached between the three EU institutions on 30 June 2015, formally adopted by the Council on 1 October 2015 and by the European Parliament on 27 October 2015, Regulation (EU) 2015/2120 of the European Parliament and of the Council laying down measures on access to an (...)

Emily Xueref-Poviac, Jean-Paul Tran Thiet, Orion Berg Telecommunications: The French Supreme Administrative Court rules on mobile network sharing agreement and on national roaming contracts concluded between two mobile telephone operators (Bouygues Télécom)

148

In two judgments, 379579 and 384231 of October 9, 2015, the Conseil d’État returned to the conditions for sharing mobile networks and, in particular, to the execution of the national roaming contract entered into between Free Mobile ("Free") and Orange. On the one hand, it confirms that the (...)

Emily Xueref-Poviac, Jean-Paul Tran Thiet, Orion Berg Transport : The French Railway Activities Regulatory Authority calls for more transparency regarding the charges payable against services in railway stations (Stif / SNCF)

147

Since its establishment in 2010, the Rail Regulatory Authority (hereinafter "ARAF") has been supporting the rail sector in its gradual opening up to competition. ARAF, whose mission is to contribute to the proper functioning of the public service and competitive activities for the benefit of (...)

Emily Xueref-Poviac, Estelle Leclerc, Jean-Paul Tran Thiet, Orion Berg Energy : The French Energy Regulatory Commission issues a deliberation regarding the responses provided by incumbent operators and their parent companies related to their compliance with the French Energy Code

232

On June 23, 2015, the Commission de Régulation de l’Energie (hereinafter "CRE") published a deliberation on the responses provided by Électricité Réseau Distribution France (hereinafter "ERDF"), Gaz Réseau Distribution France (hereinafter "GRDF") and their parent companies (respectively EDF and GDF (...)

Jean-Paul Tran Thiet, Laetitia Ghebali, Orion Berg Internet : The French Judiciary Supreme Court dismisses the appeal lodged in the fee-based interconnection services case and approves the solution adopted by the French Competition Authority (Cogent)

254

In a judgment handed down on 12 May 2015, the Commercial Chamber of the Court of Cassation dismissed Cogent’s appeal against the judgment of the Paris Court of Appeal dismissing its application to annul the decision of the French Competition Authority ("the Authority") relating to practices (...)

Emily Xueref-Poviac, Jean-Paul Tran Thiet, Orion Berg Electronic communications : The Court of Justice of the European Union considers that an undertaking has a right of appeal against a national competition authority’s decision that is likely to have an impact on its position on the market (T-Mobile Austria)

291

CJEU, 22 Jan. 2015, T-Mobile Austria, Case C-282/13 In its judgment C-282/13 of 22 January 2015, the Court clarified, in response to a question referred for a preliminary ruling, the rights of competing undertakings in the event of a procedure for the transfer of telecommunications frequencies (...)

Emily Xueref-Poviac, Estelle Leclerc, Jean-Paul Tran Thiet Electronic communications : The French Supreme Administrative Court rejects a request to suspend a decision of the French Electronic Communications and Postal Regulatory Authority publishing a report on the measurements of the quality of service for fixed Internet access (Free)

158

On November 25, 2014, the Autorité de régulation des communications électroniques et des postes (hereinafter "ARCEP") published a preliminary version of an observatory measuring the quality of the fixed Internet access service offered by electronic communications network operators in metropolitan (...)

Jean-Paul Tran Thiet, Laetitia Ghebali, Orion Berg Recommandation : The European Commission issues a new recommendation on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation

295

On 9 October 2014, the European Commission (hereinafter "the Commission") adopted a new Recommendation on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation (hereinafter "the Recommendation"). This Recommendation, which is (...)

Emily Xueref-Poviac, Jean-Paul Tran Thiet, Orion Berg Broadcasting rights : The French Competition Authority suspends the agreement concluded between the French Rugby National League and a television group regarding exclusive broadcasting rights and requires a new call for tenders (beIN Sports)

192

Following a complaint filed by beIN Sports, accompanied by a request for precautionary measures, the French Competition Authority ordered, by decision no. 14-MC-01 of July 30, 2014, the suspension of the agreement entered into on January 14, 2014 by which the French National Rugby League (LNR) (...)

Estelle Leclerc, Jean-Paul Tran Thiet, Laetitia Ghebali Television - Approval : The French Higher Audiovisual Council rejects a request formed by television channels related to free-to-air broadcasting (La Chaîne Info, Paris Première, Planète +)

380

CSA, Decision No. 2014-357 of July 29, 2014 on the request for approval of the modification of the financing terms of the terrestrial television service La Chaîne Info Decision no. 2014-358 of July 29, 2014 on the request for approval of the modification of the terms and conditions of financing (...)

Jean-Paul Tran Thiet, Laetitia Ghebali, Orion Berg Mobile networks : The French NRA initiates five administrative investigations relating to the deployment of mobile networks and to the quality of fixed services

90

On May 27, 2014, ARCEP announced the opening of five administrative investigations into the deployment of mobile networks and the quality of operators’ fixed-line services. Indeed, among the missions entrusted to it under Article L. 36-7 of the French Post and Electronic Communications Code (...)

Jean-Paul Tran Thiet, Laetitia Ghebali, Orion Berg Data collection : The French NRA updates its decision related to the gathering of information on interconnection and data routing on the internet

136

Noting that interconnection and data transmission services were at the heart of the technical operation of the Internet, ARCEP set up a system in 2012 to "monitor" the markets concerned, providing for the collection of data from players (ARCEP Decision no. 2012-0366 of March 29, 2012 on the (...)

Emily Xueref-Poviac, Jean-Paul Tran Thiet Online gambling: The French Competition Authority identifies a series of competition issues raised by the horse racing incumbent operator’s activities (Betclic/PMU)

141

The Competition Authority has obtained from the Pari Mutuel Urbain (PMU) that it separate its online horse betting activity from that of its network of physical outlets under monopoly. The gambling sector has long been structured around monopolies, entrusted by law to La Française des Jeux (...)

Jean-Paul Tran Thiet, Orion Berg MVNO : The French NRA issues a decision in a dispute between two telecommunications operators regarding their MVNO agreement (Oméa Télécom)

151

In its decision no. 2014-0192 of February 13, 2014, ARCEP ruled on a request for settlement of a dispute submitted in December 2013 by Oméa Télécom. Oméa Télécom is a Mobile Virtual Network Operator (MVNO). Unlike the four network operators, MVNOs do not have their own network infrastructure. They (...)

Jean-Paul Tran Thiet Public service : The French Energy Regulatory Commission proposes a substantial increase in the contribution to the public service charges for electricity rate for 2014

112

Instituted by Law No 2003-8 of 3 January 2003 on the gas and electricity markets and the public energy service, the contribution to the public electricity service (CSPE) is intended to provide specific public compensation for charges corresponding to public service missions carried out in a (...)

Jean-Paul Tran Thiet, Orion Berg Network operators : The French Energy Regulatory Commission publishes a report on the code of good conduct and on the independence of network operators

197

The French Energy Regulatory Commission (CRE) has just put online the 2013-2014 report on compliance with codes of conduct and the independence of network operators. In the press release published on January 6, 2014, the energy regulator underlines in particular the persistence of confusion (...)

Jean-Paul Tran Thiet, Orion Berg Electricity and natural gas: The Regulatory Commission for Energy publishes an annual report 2012 on the respect for codes of conduct and independence of the administrators of networks of electricity and natural gas

112

The French Energy Regulatory Commission (CRE) has published its 2012 report on compliance with good conduct and independence of electricity and natural gas transmission (TSO) and distribution system operators (DSO). These regulated operators must manage their networks independently, without (...)

Jean-Paul Tran Thiet Mobile call and SMS termination : The French Competition Authority issues three opinions regarding ex ante regulation of fixed and mobile call termination and SMS termination

147

Fr. NCA, 14.10.2013, Opinion n°13-A-16 Fr. NCA, 14.10.2013, Opinion n°13-A-17 On 14 October 2013, the Competition Authority issued three opinions to ARCEP as part of the procedure for analysing the wholesale markets for fixed and mobile voice call termination (MT) and SMS MT. MT is the (...)

Jean-Paul Tran Thiet Rail transport : The Court of Justice of the European Union condemns Italy for having failed to ensure the independence of the railway infrastructure manager (Italie)

141

This case is part of a series of infringement actions brought by the Commission against various Member States of the European Union for incorrect transposition of Council Directive 91/440/EEC of 29 July 1991 on the development of the Community’s railways and Directive 2001/14/EC of the European (...)

Jean-Paul Tran Thiet, Laetitia Ghebali, Orion Berg Electronic communications: The ARCEP closes the administrative inquiry involving Free and Google on the technical and financial terms governing IP traffic routing and develops a nuanced application of the Net neutrality principles

140

The July 16, 2013 decision of the French Telecommunications and Posts Regulatory Authority (ARCEP) closes the administrative investigation into the technical and financial conditions governing the routing of Internet traffic between Free and Google. The President of the UFC-Que-Choisir (...)

Jean-Paul Tran Thiet, Laetitia Ghebali, Orion Berg Electronic Communications: The Council of State confirms the legality of ARCEP’s decision of 29 March 2012 regarding the collection of information on the technical and pricing conditions governing interconnection and data routing (AT&T Global Network Services France a.o)

183

The judgment of the Conseil d’État of July 10, 2013 relates to the actions for annulment on the grounds of misuse of powers brought by AT&T Global Network Services France SAS, AT&T Global Network Services LLC, Verizon France and MCI Communications Services against the decision of the (...)

Jean-Paul Tran Thiet Electronic communications: The ARCEP’s Chairman informs the Paris public prosecutor of a possible failure to comply with the obligation of declaration as an electronic communications operator in France

102

ARCEP press release of March 12, 2013 In a press release dated March 12, 2013, the Autorité de régulation des communications électroniques et des postes (hereinafter ARCEP) announced that its Chairman had informed the Public Prosecutor of the possible failure of the company Skype Communications (...)

Jean-Paul Tran Thiet Rail activities: The Court of Justice dismisses the appeal lodged by the European Commission against Germany for an alleged infringement to directive 91/440 because of a lack of independence of the network operator and the incumbent rail transport operator (Germany)

170

CJEU, 28 February 2013, European Commission v. Federal Republic of Germany, Case C-556/10 The European Commission brought an action for failure to fulfil obligations (Article 258 TFEU) against the Federal Republic of Germany on 26 November 2010 before the Court of Justice of the European (...)

Jean-Paul Tran Thiet Press distribution: The French Competition Authority issues a negative opinion regarding the so-called ‘historical’ additional costs in the equalisation system between press distribution services

124

Aut. conc. opinion No. 12-A-25 of 21 December 2012 on the taking into account of historical additional costs in the equalisation system between press courier cooperatives The Autorité de régulation de la distribution de la presse (ARDP) and the Conseil supérieur des messageries de presse (CSMP) (...)

Jean-Paul Tran Thiet Electronic communications: The French Competition Authority issues an opinion on the situation of mobile virtual network operators on French mobile markets (MVNO)

144

Opinion No 13-A-02 of 21 January 2013 on the situation of Mobile Virtual Network Operators (MVNOs) in mobile telephony markets, Aut. conc. On 21 January 2013, the French Competition Authority issued an opinion on the situation of Mobile Virtual Network Operators (MVNOs) on the mobile telephony (...)

Jean-Paul Tran Thiet, Orion Berg Energy - Electricity - Prices: The Council of State cancels the third version of the public electricity transmission system user tariff (Direct Energie)

146

In a ruling dated November 28, 2012, the Conseil d’État overturned a decision dated June 5, 2009 by the Minister of Ecology, Energy, Sustainable Development and Land Use Planning and the Minister of the Economy, Industry and Employment approving the tariffs for use of the public electricity (...)

Jean-Paul Tran Thiet, Orion Berg Electronic communications: The French Competition Authority obtains commitments to improve transparency regarding interconnection activities but does not prohibit from charging a fee for the opening of additional interconnection capacities (Interconnection services)

187

Concord. 20.09.12, Decision No. 12-D-18 For the first time, the Competition Authority was called upon to rule in a contentious context on the delicate issue of interconnection relations between Internet players in a context of increasing and concentrated traffic. The context of the (...)

Hélène Lallemand, Jean-Paul Tran Thiet Electricity: The French Competition Authority expresses concerns about the projected capacity allocation mechanism in the electricity sector

198

Conc. conc. opinion No. 12-A-09 of 12 April 2012 concerning a draft decree on the introduction of a capacity mechanism in the electricity sector On 12 April 2012, the Competition Authority issued an opinion on the draft decree on the establishment of a capacity mechanism in the electricity (...)

Jean-Paul Tran Thiet, Orion Berg Electronic communications: The French NRA launches a public consultation on a draft report for the Parliament and the Government on net neutrality

235

ARCEP, May 2012, public consultation on the draft report to the Parliament and the Government on Internet neutrality This draft report follows on from the 10 proposals for network- and Internet-neutrality published by ARCEP in September 2010, defining a global framework for action by market (...)

Hélène Lallemand, Jean-Paul Tran Thiet Energy - Electricity: The French Competition Authority expresses concerns about the arrangements proposed by RTE regarding the participation of some operators in the electricity balancing mechanism (Electricity sector)

143

Concise Aut. opinion no. 12-A-19 relating to consumption load-shedding in the electricity sector On March 13, 2012, CRE sent the Competition Authority a request for an opinion on the compliance with competition law of draft rules on the valuation of the diffuse erasure on the adjustment (...)

Jean-Paul Tran Thiet, Orion Berg Electronic communications: The Court of Cassation recalls the specificities of access prices determined in the context of public service delegation and their impact on the settlement of disputes procedure (La Réunion Numérique)

182

Cass. com, 30 May 2012, La Réunion Numérique, n° 11-14564 The Regional Council of La Réunion had entrusted the company La Réunion Numérique, under a public service delegation contract, with the provision of connection and extension services, as well as the commercial operation of a broadband (...)

Jean-Paul Tran Thiet, Mathias Pigeat, Orion Berg Energy – Electricity: The Council of State stays its proceedings and request technical advice on methodologies for cost orientation concerning assets operated under concession (Direct Énergie and SIPPEREC)

220

CE, 28 March 2012, Direct Énergie and Syndicat intercommunal de la périphérie de Paris pour l’électricité et les réseaux de communication (SIPPEREC), n° 330548, 332639, 332643 The Council of State is postponing its decision and is seeking a technical opinion on certain methodological aspects of cost (...)

Jean-Paul Tran Thiet, Mathias Pigeat, Orion Berg Energy – Electricity: The French NRA launches a public consultation on tariffs for accessing public transmission and distribution networks

187

CRE, Public consultation of 6 March 2012 on the structure of tariffs for the use of public electricity transmission and distribution networks The tariff for use of the public electricity transmission and distribution networks (hereinafter "TURPE") is the subject of a consultation by CRE for (...)

Hélène Lallemand, Jean-Paul Tran Thiet Electronic communications – Mobile telephony: The French Competition Authority recommends to the French agency of frequencies (ANFR) to take precautions in order to prevent operators from being aware of their competitors’ deployment strategy and new entrants from being disadvantaged (Radio electrical sites of mobile phone operators)

253

Opinion No. 11-A-20 of 15 December 2011 on the methods of communication of data relating to the radio sites of mobile operators. On 16 December 2011, the French Competition Authority, acting on a referral from the Minister for the Economy, issued an opinion on the exchange of information under (...)

Hélène Lallemand, Jean-Paul Tran Thiet Energy – Electricity – Gas: The French NRA acknowledges that the three French transmission system operators comply with the independence and autonomy requirements with regard to their parent company (RTE, GRTgaz and TIGF)

184

CRE, decision of January 26, 2012 on the certification of GRTgaz CRE, deliberation of 26 January 2012 concerning the decision to certify the company RTE CRE, deliberation of the 26 January 2012 on the decision to certify the company TIGF In three deliberations dated January 26, 2012, the (...)

Hélène Lallemand, Jean-Paul Tran Thiet Electronic communications: The European Commission calls on France to ensure non discriminatory allocation of digital TV broadcasting frequencies

417

Eur. Comm, press release IP/11/1115, 29.0911, the Commission calls on France to ensure non-discriminatory allocation of digital TV broadcasting frequencies On 29 September 2011, the European Commission issued a reasoned opinion against France, taking the view that France’s allocation of (...)

Jean-Paul Tran Thiet, Orion Berg Electronic communications: The Minister responsible for Digital economy submits the regulatory provisions for public discussion, one month after the public consultation on the legislative part

543

Minister for Industry, Energy and the Digital Economy, Press release of 21 June 2011 The Minister has just launched a public consultation on the regulatory provisions intended to transpose the third telecoms package (Directives 2009/136/EC and 2009/140/EC of the European Parliament and of the (...)

Jean-Paul Tran Thiet, Orion Berg Electronic communications: The ARCEP receives a study it mandated suggesting a methodology for the legal qualification of electronic communications operator

465

Study on the scope of the notion of electronic communications operator carried out by Hogan Lovells and Analysys Mason on behalf of ARCEP, June 2011 ARCEP has just put online a study aimed at clarifying the criteria for the status of electronic communications operator. It should be recalled (...)

Jean-Paul Tran Thiet, Orion Berg Electronic communications: The Paris Court of Appeal confirms the the dispute settlement competences of the ARCEP in case of passive facilities (Numericable/France Télécom)

565

CA Paris, ch. 5-7, 23 June 2011, NC Numericable SA and Numericable SAS v/ France Télécom SA, RG 2010/23690 The Paris Court of Appeal has dismissed the appeal filed by the Numericable companies against ARCEP’s dispute settlement decision of November 4, 2010 (See our column in this review, (...)

Jean-Paul Tran Thiet, Orion Berg Electronic communications: The French Competition Auhtority analyses the Antilles submarine cable market and reminds the ARCEP the principles on which ex ante regulation should be based (Wholesale broadband market in the Antilles)

530

Aut. conc. opinion No. 11-A-08 of 10 June 2011 relating to a request for an opinion from ARCEP on the wholesale markets for interurban interterritorial segment services relating to the territorial authorities of Saint-Martin and Saint-Barthélemy In its opinion of 10 June 2011, the French (...)

Jean-Paul Tran Thiet, Orion Berg Electronic communications: The Court of Justice considers the UK legislation imposing to the undertaking designated to provide universal service to make available data to the wholesale market at affordable prices contrary to European directives (The Number, Conduit Enterprises)

646

CJEU, 17 February 2011, The Number (UK) and Conduit Enterprises, case C-16/10 The ECJ was referred to the Court for a preliminary ruling in proceedings concerning the amounts charged by British Telecommunications (BT) to two directory enquiry service and directory services providers for access (...)

Hélène Lallemand, Jean-Paul Tran Thiet Electronic communications: The French NRA issues an opinion regarding the regulation envisaged by the French electronic communications regulator regarding the wholesale broadband access services market

948

Aut. conc. opinion No. 11-A-05 on a request for an opinion from the Autorité de régulation des communications électroniques et des postes (ARCEP) on the third round of analysis of the wholesale broadband and very high-speed broadband markets On 8 March 2011, the French Competition Authority (...)

Jean-Paul Tran Thiet, Orion Berg Electronic communications: The Court of Justice confirms the validity of the Spanish tax regarding radioelectric frequencies reservations with directive 97/13/EC liberalizing the telecommunications sector (Telefónica Móviles España)

667

CJEU, 10 March 2011, Telefónica Móviles España, Case C-85/10 In the context of a preliminary ruling, the ECJ confirmed the conformity with Directive 97/13/EC liberalising the telecommunications sector of a tax on the reservation of frequencies in the public radio domain created by the Spanish (...)

Hélène Lallemand, Jean-Paul Tran Thiet Energy - Access to network and infrastructure : The CoRDiS (Standing Committee for disputes and sanctions of the French NRA) imposes the modification of the provision related to outstanding payments in contract between the energy supplier and distribution system operators (Direct Energie/ERDF)

1202

CoRDiS of the CRE, decision of 22 October 2010 on the dispute between Direct Energie and ERDF concerning the GRD-F contract In a decision dated October 22, 2010, the CoRDiS (Dispute Settlement and Sanctions Committee), which exercises the powers of the CRE (Energy Regulation Commission) in (...)

Jean-Paul Tran Thiet, Orion Berg Audiovisual services: The General Court confirms the possibility for Member States to draw up a list of “events of major importance for society” for which exclusive broadcasting is forbidden (FIFA, UEFA)

604

UECG, 17 February 2011, FIFA v. Committee, Case T-385/07 GCEU, 17 February 2011, UEFA v. Committee, Case T-55/08 GCEU, 17 February 2011, FIFA v. Committee, case T-68/08 The Court of First Instance of the European Union has dismissed the actions brought by FIFA and UEFA challenging the (...)

Jean-Paul Tran Thiet, Orion Berg Energy – Electricity: The Standing Committee for disputes and sanctions of the French NRA rejects the demands concerning the conditions for connection of a photovoltaic system to the distribution grid managed by EDF in Guyana (Centrale solaire de Macouria 2/EDF)

1005

CoRDiS of the CRE, dec. of January 21, 2011 on the dispute between Centrale solaire de Macouria 2 and Electricité de France (EDF) concerning the connection of a photovoltaic production facility to the public electricity distribution network CoRDiS rejected the requests made by the company (...)

Jean-Paul Tran Thiet, Orion Berg Electronic communications: The French NRA sets a regulatory framework for the deployment of optical fiber to users on the French territory outside of high-density areas

700

ARCEP, Dec. No. 2010-1312 of 14 December 2010 specifying the terms and conditions for access to very high-speed fibre optic electronic communication lines throughout France, except in very dense areas. ARCEP Decision no. 2010-1312 of December 14, 2010 sets the regulatory framework for the (...)

Jean-Paul Tran Thiet, Orion Berg Telecommunications - Access to civil engineering infrastucture : The French NRA extends its jurisdiction to disputes involving non active infrastructures (France Télécom ; NC Numericable)

1014

ARCEP, Dec. No. 2010-1179 of November 4, 2010 ruling on two requests for settlement of a dispute between France Telecom and NC Numericable and between France Telecom and Numericable SAS. ARCEP has the power to intervene in the event of a dispute between operators relating to agreements for (...)

Jean-Paul Tran Thiet, Orion Berg Internet neutrality : The BEREC, composed of EU national regulatory agencies, considers that it would be premature to adopt new legislation in regard to net neutrality

1185

BEREC, Response to the European Commission’s consultation on the open Internet and net neutrality in Europe, 30 September 2010 On 30 September 2010, the Body of European Regulators for Electronic Communications (BEREC) published its response to the consultation launched by the European (...)

Jean-Paul Tran Thiet, Suzanne Jude Telecommunications - Optical fiber: The French Competition Authority issues an opinion on the draft decision of the French NRA relating to the deployment of optical fiber in moderately dense areas

1078

Concise Aut. opinion No. 10-A-18 of 27 September 2010 on a draft ARCEP decision on the deployment of optical fibre outside very densely populated areas On September 27, at ARCEP’s request, the French Competition Authority issued an opinion on the latter’s draft decision on the deployment of (...)

Jean-Paul Tran Thiet, Suzanne Jude Energy - Reform of the electricity market: The French Competition Authority issues an opinion on the draft law reorganizing the electricity market

1260

Concordant Aut. opinion No. 10-A-08 of 17 May 2010 on the draft law on the new organisation of the electricity market On 14 April 2010, the Economic Affairs Committee of the National Assembly referred the draft law on the new organisation of the electricity market ("NOME") to the Competition (...)

Jean-Paul Tran Thiet, Orion Berg Telecommunications - Retail markets: The French NRA publishes a report regarding the situation of retail markets in the sector of electronic communications

998

ARCEP, July 2010, Report to Parliament on the impact of Article 17 of the Act of January 3, 2008 on the development of competition for the benefit of consumers Article 17 of Law 2008-3 of January 3, 2008 for the development of competition at the service of consumers (known as the "Chatel Law") (...)

Jean-Paul Tran Thiet Telecommunications - Roaming: The Council of State rules that the regulator is entitled to impose roaming on frequencies used by the 2G cellular telecom network operators for the benefit of new entrants, which are only authorized for 3G cellular telecom networks, if necessary to ensure fair and efficient competition, but confirms that the regulator was entitled to refuse in 2008 to make use of this power in French overseas departments (Mediaserv)

1829

The entry of new mobile network operators into the market is subject, in addition to various economic barriers, to significant constraints due to the scarcity of spectrum resources. The possibility of imposing roaming on the networks of incumbent operators may be a response to this constraint. (...)

Jean-Paul Tran Thiet Transports - Airports: The French Competition Authority takes position in favour of setting up better regulation of airports activities and the creation of an independent supervision authority

1290

The Competition Authority, at the request of the Association for the Maintenance of Competition in Networks and Infrastructures (AMCRI), issued an opinion on airports on 22 February. The AMCRI’s request was intended to be forward-looking: since the reform of French airports which took place in (...)

Jean-Paul Tran Thiet, Orion Berg Audiovisual - TV channels renumbering: The Council of State suspens the regulator order aiming at the renumbering of TV channels (Canal + Distribution)

1438

In two decisions dated December 17, 2009 taken in the context of its dispute resolution powers, the CSA had enjoined Canal distribution to establish, before March 1, 2010, a new service plan for the Canal Sat offer, assigning in principle to the channels NRJ 12 and BFM TV the numbers 12 and 15 (...)

Jean-Paul Tran Thiet, Orion Berg Telecommunications - Exclusive distribution: The Court of Cassation annuls the French Competition Authority decision having found abusive the exclusive distribution agreement for smartphones (iPhones)

1867

Since this decision is discussed in detail in the Agreements column, we will limit ourselves here to pointing out its possible scope in terms of regulatory law. In short, the Court of Appeals confirmed the protective measures ordered by the Competition Council in its decision 08-MC-01 of (...)

Jean-Paul Tran Thiet, Orion Berg Telecommunications - Overseas: The French regulator publishes a report regarding the situation of electronic communications in the French overseas departments

1447

Article 28 of Act No. 2009-594 of 27 May 2009 on the economic development of the French overseasdepartments and territories requires ARCEP to draw up a report presenting an overview of the development of the electronic communications sector in the French overseas departments and territories. (...)

Jean-Paul Tran Thiet, Orion Berg Telecommunications - Conditions of access: The French NRA issues a decision and guidelines regarding the deployment and the access to fiber-optic networks

2100

ARCEP, decree no. 2009-1106 of December 22, 2009 specifying, pursuant to Articles L. 34-8 and L. 34-8-3 of the French Post and Electronic Communications Code, the terms and conditions for access to very high-speed fibre optic electronic communications lines and the cases in which the pooling (...)

Jean-Paul Tran Thiet, Orion Berg Telecommunications - Third EC regulatory framework: The new EC regulatory framework for electronic communications networks and services enters into force

2084

Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office, OJ L337, 18 December 2009, p. 1. Directive 2009/136/EC of the European Parliament and of the Council (...)

Jean-Paul Tran Thiet, Orion Berg Telecommunications - Mobile licence: The French regulator awards the fourth 3G mobile telephony licence and opens of an infringement proceeding against Orange France and SFR (Orange France ; SFR)

1919

ARCEP, dec. no. 2009-1067 of 17 December 2009 relating to the report and outcome of the procedure for granting authorisation in metropolitan France for a third-generation mobile system. On December 18, 2009, ARCEP awarded the fourth third-generation mobile phone license to Free Mobile, a (...)

Jean-Paul Tran Thiet, Orion Berg Telecommunications - Numbering of the TV channels: The French audiovisual regulator issues an injunction concerning numbering of the TV channels (Canal Sat)

2708

CSA, Press release dated 17 December 2009, Injunction to Canal Sat to re-examine the numbering of NRJ 12 and BFM TV By decision of 17 December 2009, the CSA asked Canal Sat to grant the request of BFM TV and NRJ 12, which wanted to have channel numbers 15 and 12 in the channel numbering plan. (...)

Jean-Paul Tran Thiet, Orion Berg Energy - Electricity - Transparency in availability of production capacity: The French energy regulator asks for more transparency in availability of production capacity in nuclear power plants

2389

CRE, Deliberation of 20 November 2009, Communication on the electricity price peak of 19 October 2009 In a communication published on 20 November 2009, CRE endeavoured to draw the consequences of the peak in electricity prices that occurred on 19 October. It will be recalled that, on the (...)

Jean-Paul Tran Thiet, Suzanne Jude Transports - Progressive opening to competition: The European Commission sends a letter to EPTO on the progressive opening of rail transport to competition

2324

In a letter sent on 12 November to the President of the European Passenger Transport Operators’ Association (EPTO), the European Commission set out its interpretation of the obligation for national authorities to gradually open up to competition during the transitional period which started on 3 (...)

Jean-Paul Tran Thiet, Orion Berg, Suzanne Jude Energy - Electricity tarifs: The French Competition Authority issues an opinion on the draft decree determining the electricty tariffs, and the Government announces an in-depth reform about which it informs the EU Commission

2249

Concise Aut. opinion No. 09-A-43 of 27 July 2009 on a draft decree on regulated tariffs for the sale of electricity Since the adoption of the Law of 10 February 2000, which initiated the process of opening up the electricity market, the regulation of regulated tariffs has been amended on (...)

Emmanuel Guillaume, Jean-Paul Tran Thiet Energy - Evaluation of the costs of the public utility of the electricity: The Council of State judges that the energy regulator must comply with the strict limits of its jurisdiction on concerning assessment of cost incurred by public service obligations (Électricité de Strasbourg)

2021

EC, 31 July 2009, Electricité de Strasbourg, n° 307223 In its ruling of July 31, 2009 (CE July 31, 2009, No. 307223), following a request from SA Électricité de Strasbourg, the Conseil d’État recalled the limits of CRE’s jurisdiction with regard to determining the amount of charges related to the (...)

Jean-Paul Tran Thiet, Orion Berg Telecommunications - Termination rates: The Council of State approves the method applied by the regulator for setting termination rates, but cancels the rates applied to one mobile operator (Orange France, SFR)

2263

CE, July 24, 2009, Orange France and SFR, No. 324642 and 3 24687 In this ruling, the Conseil d’État ruled on the pricing framework for voice call terminations imposed by ARCEP on mobile operators in mainland France for the period from July 1, 2009 to December 31, 2010. The high administrative (...)

Jean-Paul Tran Thiet, Suzanne Jude Energy - Third “package” on Gas and Electricity markets : The European Parliament and the Council adopt the third “package” of EU directives on Gas and Electricity markets

3462

Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, OJ L211, 14 August 2009, p. 55. Directive 2009/73/EC of the European Parliament and of the Council of 13 July (...)

Jean-Paul Tran Thiet, Orion Berg Telecommunications - Tying: The Paris Court of Appeal reverses the decision of the Commercial Court on the bundling between access to a sport channel and subscription of an Internet offer (France Telecom et Orange Sports / Free et Neuf Cegetel)

3037

CA Paris, ch. 5-5, May 14, 2009, France Telecom and Orange Sports v/ Free and Neuf Cegetel, RG 09/03360on appeal against T.Com. Paris, February 23, 2009, Free and Neuf Cegetel v/ France Telecom and Orange Sports RG 2008/078679 In a judgment dated February 23, 2009, the Paris Commercial Court (...)

Jean-Paul Tran Thiet, Orion Berg Telecommunications - Subscription of an Internet offer : The Paris Commercial Court orders France Télécom to put an end to the bundling between access to Orange Foot and subscription of an Orange ADSL offer (Free et Neuf Cegetel c/ France Télécom et Orange Sports)

2972

T. com. Paris, February 23, 2009, Free and Neuf Cegetel v/ France Télécom and Orange Sports, RG 2008/078679 This decision follows on from the call for applications launched by the Ligue de Football Professionnel (’LFP’) for the broadcasting of League 1 matches for the period 2008-2012. On February (...)

Anne de Cadaran, Christophe Barthélémy, Ines Zenke, Jean-Baptiste Siproudhis, Jean-Patrice de La Laurencie, Jean-Paul Tran Thiet, Markus Kerber, Olivier Fréget, Philippe Redaelli Ten years of liberalisation of energy: Contrasted points of view

8519

The set of six articles covers a wide panel of points of views ten years after the 1999 EC Directive. Readers will be able to read the following contributions: 1. Update on Wholesale Energy Market Regulation - Philippe Redaelli, General Counsel and Chief Financial Officer, Powernext; 2. (...)

Jean-Paul Tran Thiet Telecommunications - Mobile telephony : The French Competition Council orders interim measures to suspend exclusive distribution of iPhone by Orange (iPhones)

2887

ARCEP, Opinion No. 2008-1175 of November 4, 2008 on the request for an opinion from the French Competition Council on the practices of France Telecom, Orange France and Apple Europe in the mobile telephony distribution sector (iPhone) Conc. conc. dec. no. 08-MC-01 of December 17, 2008 relating (...)

Denis Lescop, Jean-Julien Lemonnier, Jean-Paul Tran Thiet Transports: The Government proposes to the Parliament a draft Act creating an autonomous regulator in the rail transport (Rail transport)

3452

Draft law on the organization and regulation of rail and guided transport and on various provisions relating to transport, 10 September 2008 This draft law, adopted by the Council of Ministers on 10 September, is part of the plan to open up the rail sector to competition. This opening up was (...)

Claire Chambolle, Dominique de Gramont, Hervé Fargues, Jean-Paul Tran Thiet, Jérôme Dubruille, Juliette Goyer, Kristen J. McAhren, Lucas Peeperkorn, Marie-Laure Allain, Peter J. Carney Resale price regulation: Leegin and much more

9421

This is a set of 5 articles on Resale Price Maintenance. This topic has recently been debated following the US Supreme Court Leegin ruling and the draft French reform of the antitrust act. The first article is written by 2 leading economists on the economic debate on the welfare effects of (...)

Jean-Paul Tran Thiet, Sylvain Justier Electronic communications: The French Competition Council and ARCEP are on the verge of adopting new generation networks (Very high speed broadband access fiber networks)

3348

Conc. conc. opinion No. 08-A-06 of 6 May 2008 on a draft legislative provision concerning the development of very high-speed fibre optic networks (LME Bill) ARCEP, 18 June 2008, notification to the European Commission and public consultation on the analysis of the broadband and very high speed (...)

Jean-Paul Tran Thiet Electricity: The Council of State issues an opinion on purchase tariff for electricity produced by facilities using wind mechanical energy (Vent de Colère - Fédération Nationale et Vent du Bocage)

2916

EC, 6 August 2008, Association Vent de Colère - National Federation and Association Vent du Bocage, n°297723 The promotion and development of renewable energy is at the heart of the European Union’s energy strategy. They are expected to reduce greenhouse gas emissions and increase the Union’s (...)

Jean-Paul Tran Thiet, Sylvain Justier Dispute settlement: The French audiovisual regulator settles a dispute enhancing the non-discrimination principle (AB Sat and Métropole Télévision)

3079

CSA, dec. no. 2008-523 of 8 July 2008 relating to a dispute between AB Sat and Métropole Télévision The entry into force on August 5 of the law on the modernisation of the economy reinforced the principle of contractual freedom by abolishing the tort of discriminatory practice provided for until (...)

Jean-Paul Tran Thiet, Vincent Jaunet Energy: The European Council takes side on effective separation of supply and production activities from network operations (Official Position of the European Council)

3243

A key measure of the third regulatory package relating to the liberalisation of the gas and electricity markets (third "Energy" package), the separation of supply and production activities from transmission network management activities has given rise to intense negotiations since 19 September (...)

Jean-Paul Tran Thiet, Vincent Jaunet Postal services : The French telecom regulator renders its opinion on tariffs applicable to services falling within the scope of the universal service and not reserved to the national post office (Collissimo)

4475

ARCEP, dec. no. 2008-0002 of 5 February 2008 on La Poste’s tariff file of 13 December 2007 relating to national parcel products covered by the universal service. Although the date for the full opening of the postal market to competition has been postponed to 1 January 2011 (the original date (...)

Jean-Paul Tran Thiet, Vincent Jaunet Energy - Gas - Regulated tariffs: The Council of State rules that regulated tariffs must be fixed at a level which allows offsetting GDF’s total costs (Poweo - FF3C)

3938

CE, 10 December 2007, Syndicat Professionnel des Entreprises Locales Gazières and others, n° 275093, 275096 and 275655 CE, December 10, 2007, Société Poweo and Fédération Française des combustibles, carburants et chauffage (FF3C), n° 289012 and 289776 CE, December 10, 2007, Poweo Company, n° 296191 On (...)

Jean-Paul Tran Thiet, Sylvain Justier EU electronic communications regulator: The European Commission proposes to create an European electronic communications market regulator (Draft regulation)

3975

EC Comm, 13 November 2007, Proposal for a Regulation of the European parliament and of the Council establishing the European Electronic Communications Market Authority, COM (2007) 699 As we noted in the previous issue of our review, on 13 November 2007, the European Commission presented its (...)

Jean-Paul Tran Thiet, Sylvain Justier Telecommunications: The ARCEP consults the sector about the development and the potential regulation of new generation networks (Networks New Generation)

4092

ARCEP, July 27, 2007, public consultations on very high speed broadband (access to ducts and sharing of the terminal part of fibre networks) At the end of July 2007, ARCEP published two public consultations on the development of so-called "new generation" networks in France. At a time when (...)

Jean-Paul Tran Thiet, Vincent Jaunet Energy: The European Commission drafts a proposal on efffective separation of supply and production activities from network operations (Draft EU Directive)

4073

EC Comm, 19 September 2007, Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/54/EC concerning common rules for the internal market in electricity, COM (2007) 0528, SEC(2007) 1179 SEC(2007) 1180 EC Comm, 19 September 2007, Proposal for a Directive of (...)

Jean-Paul Tran Thiet, Vincent Jaunet Energy: The European Commission issues a proposal for the creation of an European agency for the cooperation of national energy regulators (EU Energy Regulator)

5128

EC Comm, 19 September 2007, Proposal for a Regulation of the European Parliament and of the Council establishing an Agency for the Cooperation of Energy Regulators, COM (2007) 0530, SEC(2007) 1179 SEC(2007) 1180 Wishing to relaunch the process of liberalisation of the energy markets, the (...)

Catherine Hammon, Christophe Lemaire, Jean-Paul Tran Thiet, Michaël Cousin, Nigel Parr, Pierre-Alain Jeanneney Market Regulators: Towards a better institutional and procedural framework?

6818

The multiplication of "market authorities" - competition authorities and sectoral regulators - and the development of their means of action on the market raise the question of the coherence and the convergence of the institutional and procedural framework in which they operate. After a general (...)

Jean-Paul Tran Thiet Protection of business secrets before NCAs and Regulators

5082

There are plenty of discrepancies in the way competition authorities and independent regulators are dealing with the protection of business secret. The tables of this article provide an overview of the different texts governing this topic, as well as the different definitions of what business (...)

Jean-Paul Tran Thiet, Vincent Jaunet Energy - Electricity regulated tariffs: The French Parliament votes back regulated tariffs for consumers households in a law in favour of social cohesion (Law 5 March 2007)

4334

Article 24 of Act No. 2007-290 of 5 March 2007 establishing the enforceable right to housing and various measures in favour of social cohesion, JORF No. 55 of 6 March 2007 p. 4190 Many thought that the Constitutional Council’s decision No. 2006-543 DC of 30 November 2006 concerning the law on (...)

Jean-Paul Tran Thiet Telecommunications - Audiovisual: The French Competition Council rules on the switching off of analogue terrestrial diffusion and allocation of a extra channel to private editors using analogue signal

3669

Cons. const. dec. no. 2007-550 DC of 27 February 2007, "television of the future". Law No. 2007-309 of 5 March 2007 on the modernisation of audiovisual broadcasting and the television of the future, JORF of 7 March 2007 Despite an unfavorable opinion from ARCEP (opinion no. 2006-078 dated July (...)

Jean-Paul Tran Thiet, Thierry Tuot, Vincent Jaunet Energy - Regulated tarifs - Privatisation: The French Constitutional Court rules on the lawfulness of energy regulated tarifs and GDF privatisation (Secteur de l’énergie)

4782

Law n° 2006-1537 of 7 December 2006 relating to the energy sector, JORF n° 284 of 8 December 2006 p. 18531 Cons. const. dec. no. 2006-543 DC of 30 November 2006, Law on the energy sector, JORF no. 284 of 8 December 2006 p. 18544 The decision of the Constitutional Council n° 2006-543 DC of 30 (...)

Jean-Paul Tran Thiet, Sylvain Justier Telecommunications - Access to directories: The Regulator states the conditions under which operators should grant access to their directories to directory assistance service providers (Universal directories)

4581

ARCEP, decree no. 06-0639 of November 30, 2006 specifying the conditions for making lists of subscribers and users available for the purpose of publishing universal directories or providing universal information services, JORF no. 71 of March 24, 2007. On March 8, 2007, the Minister Delegate (...)

Jean-Paul Tran Thiet Telecommunications - Immaterial rights and radio frequencies: The Commission on immaterial economy issues a reform proposal concerning the management of immaterial rights and radio frequencies (Economie de l’immatériel)

3942

Report of the Committee on the Intangible Economy of 23 November 2006, "The Intangible Economy - Tomorrow’s Growth". At the request of the Minister of the Economy, Finance and Industry, a commission, chaired by Maurice Lévy (Chairman of the Publicis Group’s Management Board) and Jean-Pierre (...)

Jean-Paul Tran Thiet, Sylvain Justier Telecommunications - Termination call: The regulator fixes price that mobile operators may charge in 2007 for termination call (ARCEP, dec. 14 september 2006)

4395

ARCEP, dec. no. 06-0779 of September 14, 2006 on the pricing framework for "direct" voice call termination rates for 2007 for Orange France, Société Française du Radiotéléphone and Bouygues Telecom in France and abroad. In 2004, ARCEP analyzed the competitive situation in the markets for voice call (...)

Jean-Paul Tran Thiet, Vincent Jaunet Unbundling: The Regulatory Commission for Energy fixes the rules for unbundling of GDF’s accounts between eligible and non-eligible clients (Gaz de France)

4700

CRE, Deliberation of July 20, 2006 on the principles for keeping separate accounts for supply activities to eligible customers and supply activities to non-eligible customers applicable to Gaz de France Cons. conc. opinion no. 06-A-12 of 30 June 2006 on the establishment by GDF of separate (...)

Jean-Paul Tran Thiet Electricity: The regulator approves accounting separation principles proposed by EDF, but imposes to determine internal transfer price of energy on the basis of EDF’s production costs (EDF)

4131

CRE, Deliberation of June 14, 2006 on the principles, applicable to Electricité de France, of keeping separate accounts for supply activities to eligible customers and supply activities to non-eligible customers Cons. conc. opinion no. 05-A-19 of October 20, 2005 on the principles to be followed (...)

Jean-Paul Tran Thiet Passenger transport services: The EU Council reaches a political agreement on the European Commission proposal for a regulation on public service obligations (rail and road)

3770

Council of the EU, Political agreement with a view to the adoption of a common position on an amended proposal for a Regulation on public service obligations for passenger transport services by rail and by road, 12 June 2006 Press release 10042/06 (Presse 167) On 9 June last, the Council of (...)

Jean-Paul Tran Thiet Energy - Sector inquiry: The European Commission finds energy market distortions and intends to use both regulatory reforms and full application of competition rules (Andris Piebalgs - Neelie Kroes)

4059

Preliminary report and speeches by Andris Piebalgs and Neelie Kroes Launched in June 2005, the Commission’s sector inquiry had already led to the publication of an initial findings document on 15 November 2005. In February 2006, three voluminous documents were published, entitled "Preliminary (...)

Jean-Paul Tran Thiet Terrestrial digital broadcasting: The CSA adopts a resolution specifying interoperability obligations for pay TV decoders operating for terrestrial digital broadcasting

4373

CSA, deliberation of 24 January 2006 on the implementation of article 30-3 of the law of 30 September 1986 On 24 January 2006, the Conseil Supérieur de l’Audiovisuel adopted a deliberation in which it clarified its interpretation of Articles 30-3 and 95 II of the law of 30 September 1986, as (...)

Jean-Paul Tran Thiet, Sylvain Justier, Vincent Jaunet Electricity - Joint-purchasing: The Legislator and the French Competition Council allow major industrial consumers to enter into long term joint purchasing agreements with electricity producers through consortium (Law, Dec., 30 2005 - Electro-intensives industries)

4552

Law n° 2005-1720 of December 30, 2005 of rectifying finance for 2005 (Supply Consortium for the benefit of electro-intensive industries) Conc. conc. opinion No 05-A-23 of 5 December 2005 on a proposed scheme to allow electro-intensive industries to benefit from specific conditions for the (...)

Jean-Paul Tran Thiet Energy - Interconnection: The Regulatory Commission for Energy plans new rules for allocating electricity interconnection capacities (Decision 1 december 2005)

3835

CRE, Decision of 1 December 2005 on the implementation of the work programmes known as "roadmaps" concerning the procedures for allocating interconnection capacities in 2006 and taking into account the CJEC ruling C-17/03 of 7 June 2005 CRE, Annual report on compliance with codes of conduct and (...)

Jean-Paul Tran Thiet Telecommunications - Interconnection: The regulator imposes to mobile network operators a price reduction on termination calls for SMS (Bouygues - Orange - SFR)

4383

ARCEP, dec. no. 2005-929 of November 8, 2005 ruling on a dispute between Bouygues Telecom and Orange France (price of call termination services for SMS) ARCEP, dec. no. 2005-930 of November 8, 2005 ruling on a dispute between Bouygues Telecom and SFR (price of SMS termination services). In two (...)

Jean-Paul Tran Thiet Telecommunications - IP Voice: The Telecommunications regulator drafts a decision which hints at absence of regulation concerning IP Voice telecommunications (Draft, June, 15 2005)

3791

ARCEP, June 15, 2005, Draft decision on the analysis of fixed telephony markets As part of the application of the new regulatory framework governing the electronic communications sector, the Autorité de Régulation des Communications Electroniques et des Postes ("ARCEP" ex-ART) submitted its (...)

Jean-Paul Tran Thiet Telecommunications Tarifs: The French Council of State holds that the regulator may impose to the incumbent to decrease its prices for local loop access but must render public its pricing method (France Telecom)

4224

CE Sect, February 25, 2005, France Telecom, n° 247866 The Council of State’s ruling of 25 February this year is of twofold interest. Firstly, while annulling the ART’s decision, it confirms that the authority had the power, pursuant to Article 3 of Regulation (EC) 2887/2000 of 18 December 2000 (...)

Jean-Paul Tran Thiet Electricity prices: The government decides that distributors may take advantage of the regulated tariffs even if they have opted for the eligibility (Decree, January, 27, 2005)

4794

Decree No. 2005-63 of 27 January 2005 on electricity transfer tariffs to non-nationalised distributors The latest issue of this review (see the column "Regulations", p. 120) referred to the conditions under which, pursuant to Article 4 of the Law of 10 February 2000, as amended, an eligible (...)

Jean-Paul Tran Thiet Health care: The ECJ and a Decree dated January, 20, 2005 set up a new framework designed to foster the sales of generic drugs (Lilly - SKB - Décret du 18/02/05)

3843

ECJ, 9 December 2004, Approved Prescription Services v. Licensing Authority, Case C-36/03. ECJ, 20 January 2005, SmithKline Beecham, Case C-74/03 Decree No. 2005-156 of 18 February 2005 on changes to marketing authorisations for medicinal products for human use and amending the Public Health (...)

Jean-Paul Tran Thiet Producers/Distributors relationships: The Commission for the study of commercial practices casts some doubts on various contractual provisions (Opinion Conditions générales de vente)

4114

The Director General for Competition, Consumer Affairs and Fraud Control has requested the opinion of the Commission d’examen des pratiques commerciales (CEPC), pursuant to Article L. 440-1, paragraphs 3 and 4 of the French Commercial Code, on clauses that exclude any sanction from the supplier (...)

Jean-Paul Tran Thiet Producers/Distributors relationships: The Commission for the study of commercial practices considers that common contractual provisions may be found unlawful (Conditions d’achat)

4229

Consulted by the Director-General for Competition, Consumer Affairs and Fraud Control, CEPC has taken a position on several types of clauses in the purchasing conditions of distributors. In its opinion, the Commission begins by listing certain clauses which, because of their asymmetrical (...)

Books

Price 45€00 A quoi sert la concurrence ?

See the "avant-propos" of Laurence Idot, Frédéric Jenny et Nicolas Charbit the Foreword of Martine Béhar-Touchais The full list of contributors and the Table of Contents 100 contributions for the (...)

Date 30 September 2014
Author(s): Martine Behar-Touchais, Nicolas Charbit, Rafael Amaro
Price 45€00
Read online
Send a message