Orion Berg

White & Case (Paris)
Lawyer (of Counsel)

Orion Berg is a counsel at White & Case (Paris office). He specialises in assisting clients in competition and communications matters including arbitration, litigation and contractual issues. Orion’s expertise includes wireless technologies, regulation and compliance in communications and infrastructure transactions in the context of market liberalisation. He also provides advice on private enforcement of competition law. Orion has strong experience in competition law, regulatory and contractual aspects relating to fixed and mobile telephony services, broadcasting transmission services and high-speed Internet services including NGN. He also advised clients on e-commerce related competition issues and has developed an expertise in Energy regulatory matters. Orion Berg worked for several years as an associate in the competition/telecoms departments of another leading international law firm in Paris. He joined White & Case in December 2008.

Distinctions

Linked authors

Dalkia Wastenergy (Paris)
JPTT-Vitale (Paris)
Belgium Competition Authority (Brussels)
Freshfields Bruckhaus Deringer (Paris)
French Competition Authority (Paris)
Commission de Régulation de l’Energie (Paris)
Clifford Chance (Paris)
Engie (Paris)

Articles

8511 Bulletin

Kai Struckmann, Genevra Forwood, Christoph Arhold, Orion Berg, Marc Israel, Irina Trichkovska, Aqeel Kadri, Kate Kelliher The EU Commission extends its COVID-19 State aid rules to recapitalisation and subordinated debt measure

207

In anticipation of the wave of requests from stricken companies due to the COVID-19 outbreak for more long-term State support, on 8 May, the Commission extended the scope of its State aid Temporary Framework to allow Member States to take stakes in non-financial companies affected by the (...)

Kai Struckmann, Genevra Forwood, Yann Utzschneider, Christoph Arhold, Orion Berg, Aqeel Kadri, Kate Kelliher The EU Commission adopts an amendment to extend the temporary framework for State aid measures to support the economy in the COVID-19 outbreak

143

On 3 April, the Commission adopted an Amendment to extend the Temporary Framework for State aid measures to support the economy in the COVID-19 outbreak adopted on 19 March (covered in our previous alert: European Commission publishes its emergency COVID-19 State aid rules and rapidly approves (...)

Kate Kelliher, Kai Struckmann, Genevra Forwood, Yann Utzschneider, Christoph Arhold, Orion Berg, Irina Trichkovska, Aqeel Kadri The EU Commission adopts a new Temporary Framework for State aid in the COVID-19 context to support the business suffering

134

The European Commission has now adopted a Framework of temporary State aid rules enabling Member States to adopt measures to support the growing number of businesses suffering because of the COVID-19 outbreak. This is the first time since the 2008 financial crisis that the Commission has (...)

Laetitia Ghebali, Orion Berg The EU Court of Justice rules on the compatibility with State aid rules of Ministerial Orders setting out the feed-in tariffs of electricity produced by power plants using solar radiative energy (Enedis / Axa)

256

The European Court of Justice rules on the compatibility with the European State aid rules of the Ministerial Orders of 10 July 2006 and of 12 January 2010 setting out the feed-in tariffs of electricity produced by power plants using solar radiative energy. By an order dated 15 March 2017, the (...)

Gildas Hallaire, Orion Berg The Paris Court of Appeals confirms the Competition Authority’s interim measures preventing exclusive rights regarding the distribution of smartphones (Apple / Orange / France Télécom)

7206

In a decision dated 4 February 2009, the Paris Court of Appeals confirmed decision n° 08-MC-01[[ French Competition Council (Conseil de la concurrence), 17 December 2008, Decision n° 08-MC-01, Bouygues Telecom/ Apple-Orange (iPhone). of the French Competition Council concerning practices (...)

57743 Review

Orion Berg, Alexandre Martin Electronic communications: The French Postal and Electronic Communications Authority issues its proposals for the evolution of the regulatory framework for fixed electronic communications markets for 2020 2023

71

The French regulatory authority for electronic communications, postal services and press [distribution, ARCEP], has submitted for public consultation its proposed changes to the regulation of the fixed broadband and very high-speed electronic communications markets for the period 2020-2023. In (...)

Orion Berg, Alexandre Martin Electronic communications: The French Competition Authority rejects, following the opinion of the French Postal and Electronic Communications Authority, the complaint of an association of alternative telecom operators against the incumbent operator’s practices regarding access to its FttH infrastructure (AOTA / Orange)

78

Decision No. 20-D-02 of the Competition [Authority the Authority] rejected the complaint of the Association of Alternative [Telecommunications Operators AOTA], which sought the conviction of Orange for abusing its dominant position by refusing its members the implementation of an activated (...)

Orion Berg, Alexandre Martin Electronic communications: The French Postal and Electronic Communications Authority and the French Government launch the procedure for allocating 5G frequencies in the 3.4-3.8 GHz band

91

During the second half of 2019, the French regulatory authority for electronic communications, postal services and press distribution ("ARCEP") carried out a market consultation on the terms and conditions for allocating 5G frequencies in the 3.4 - 3.8 GHz band (Orion Berg, Alexandre Martin, (...)

Orion Berg, Alexandre Martin Electricity: The French Constitutional Council confirms, subject to interpretation, the constitutionality of the reform of the regulated access to historic nuclear power (Law on energy and climate)

113

At the end of 2018, the Commission de la régulation de l’énergie ("CRE") announced that the demand for regulated access to historical nuclear electricity ("ARENH") for the year 2019 exceeded the legal ceiling of 100 TWh/year, i.e. approximately 25% of French nuclear power generation. Access to the (...)

Orion Berg, Alexandre Martin Audiovisual: The French High Authority for the dissemination of works and the protection of rights on the internet and the French Audiovisual Council publish a joint report on the impacts of the development of voice assistants and connected speakers on the media sector (Impact of voice on content offer and cultural habits)

362

Following the Electronic Communications Regulatory Authority (Arcep) and the Commission Nationale de l’Informatique et des Libertés (CNIL), the Haute Autorité pour la Diffusion des Œuvres et la Protection des Droits sur Internet (Hadopi) and the Conseil Supérieur de l’Audiovisuel (CSA) are in turn (...)

Orion Berg, Alexandre Martin Energy: The French Competition Authority issues a first unfavourable opinion regarding the project to reform the regulated access system for historical nuclear electricity and a second unfavourable opinion regarding the project regarding the evolution of regulated electricity tariffs integrating the new regulated access to nuclear energy (RAHNE; Regulated electricity tariffs)

122

The Competition Authority (the "Authority") issued two opinions concerning the regulation of the electricity market. In its opinion of 21 January 2019, the Authority was consulted by the Government on a draft decree amending the ENHRA. In its opinion of 25 March 2019, the Authority took up ex (...)

Orion Berg, Alexandre Martin Broadcasting: The French Competition Authority issues an opinion regarding the reform of the broadcasting sector and recommends an overhaul of the current regulatory framework (Broadcasting)

218

The Competition Authority has been requested by the Committee on Cultural Affairs and Education of the National Assembly to provide input to the legislative work on the draft law on audiovisual reform. The Authority also consulted the Arcep, which, among other things, formulated courses of (...)

Orion Berg, Alexandre Martin Communications: The French Postal and Electronic Communications Authority imposes to a subsidiary of the French incumbent operator of the telecom market to provide an active wholesale access offer to an electronic communications service provider for high-speed fibre optic lines (Coriolis Telecom / THD Bretagne)

196

The Mégalis Bretagne joint association (made up of the Brittany region, its four departments and 59 public establishments for inter-municipal cooperation) is responsible for bringing very high speed broadband via fibre optics to all Breton buildings and residences by 2030 through the (...)

Alexandre Martin, Orion Berg Net neutrality: The Body of European Regulators for Electronic Communications issues an opinion for the evaluation of the application of the Net Neutrality Regulation and its Net Neutrality Guidelines (The evaluation of the application of Regulation (EU) 2015/2120 and the BEREC Net Neutrality Guidelines)

1068

On 6 December 2018, the Body of European Regulators for Electronic Communications (hereinafter "BEREC") adopted, after consultation with interested parties, an opinion on the application of Regulation (EU) 2015/2120 of the Parliament and of the Council laying down measures regarding access to (...)

Alexandre Martin, Orion Berg Electric networks: The Energy Regulatory Commission publishes a report on the impact of electrical vehicles for electrical networks (Electrical vehicles and electrical networks)

145

On 26 November 2018, the French Energy Regulatory Commission (hereinafter the "CRE") published a report on the challenges of developing electric vehicles for electric grids. This report presents the initial results of the work and consultations with interested parties carried out by CRE. The (...)

Guilhem Issartel, Orion Berg Market manipulations: The Energy Regulatory Commission (Dispute Settlement and Sanctions Committee) imposes a €5 million penalty for market manipulations on a French wholesale energy market (Vitol)

189

EU Regulation 1227/2011, known as the REMIT Regulation, organises the supervision of wholesale electricity and gas markets by national regulatory authorities in the European Union. In this framework, national regulatory authorities have the power to investigate and sanction market abuse, (...)

Orion Berg, Guilhem Issartel Reform: The French Postal and Electronic Communications Authority issues its opinion to the French Competition Authority on the impact of the digital revolution on the audiovisual sector and offers three ways to deal with it (Impact of the digital revolution in the audiovisual sector)

107

In preparation for the next draft law on audiovisual reform, the Regulatory Authority for Electronic Communications and Posts (hereinafter "Arcep") has been asked for its opinion by the Competition Authority, which has been referred to it by the Committee on Cultural Affairs and Education of (...)

Guilhem Issartel, Orion Berg Commitments: The French Government accepts rollout commitments of two French telecom operators following the favourable opinion of the French Postal and Electronic Communications Authority (Orange, SFR)

120

Article L. 33-13 of the French Post and Electronic Communications Code (CPCE) stipulates that the minister in charge of electronic communications may accept, after obtaining the opinion of the Autorité de régulation des communications électroniques et des postes (Arcep/Authority), commitments made (...)

Guilhem Issartel, Orion Berg Fibre networks: The French Regulatory Authority for Electronic Communications and Postal Services orders to the incumbent operator to amend the conditions for the fourth operator’s access to the network it co-finances itself (Orange / Free)

127

Arcep’s decision comes in the context of the deployment of fibre optic networks. French telecom operators have mainly opted to deploy these networks down to the subscriber (Fiber to the Home - FttH). The legislator has established the principle of mutualisation of the terminal part of the (...)

Orion Berg Interconnections: The French Regulatory Authority for Electronic Communications and Postal Services orders to the fourth operator on the market to modify the conditions of the incumbent operator’s interconnection to its networks in IP and TDM modes (Orange / Free)

119

Interconnection refers to the connection of different telecommunications networks to each other in order to ensure interoperability of services, i.e. to enable users of one operator to communicate with users of a third operator or to access services provided by a third operator. This Decision (...)

Orion Berg Fast broadband and very fast broadband: The French Postal and Electronic Communications Authority adopts the ex-ante regulatory framework governing fixed broadband and very fast broadband markets for the 2017-2020 period (ARCEP)

1442

In four decisions dated 14 December 2017 (No. 2017-1347, No. 2017-1348, No. 2017-1349 and No. 2017-1488), ARCEP set the framework for ex-ante regulation of the wholesale broadband and fixed very high-speed broadband markets for the next three years. These decisions are important for the (...)

Orion Berg Infringement procedure: The French Regulatory Authority for Electronic Communications and Post puts an end to an infringement procedure regarding network information requirements (Orange)

130

ARCEP’s decision to dismiss the case on 26 July is another illustration of the priority now given by the regulator to regulation "through transparency and information" (see also the recent publication of new mobile coverage maps with four levels of assessment, as well as the monitoring carried (...)

Orion Berg Opinion: The French Regulatory Authority for Rail and Road Activities recommends amending the draft amendments to the highway concession contracts (Conventions passées entre l’Etat et les sociétés des Autoroutes)

165

Law No. 2015-990 of 6 August 2015 for growth, activity and equal economic opportunities entrusted the regulation of motorway toll rates to the Regulatory Authority for Rail and Road Activities ("Arafer"). In particular, the Arafer must be consulted, before signature, on any draft amendment to (...)

Emily Xueref-Poviac, Orion Berg Non-discriminatory and independence obligations: The French Energy Regulatory Commission publishes its Tenth Report on independency of network operators

117

On 3 February 2017, the Commission de Régulation de l’Energie (hereinafter "CRE") published its tenth monitoring report on "Compliance with the codes of good conduct and independence of electricity and natural gas network operators in 2015 and 2016". This tenth edition of the CRE report gives an (...)

Laetitia Ghebali, Orion Berg Internet of things : The French Regulatory Authority for Electronic Communications and Post issues a White Paper in preparation for the development of the Internet of things

162

In 2015, the French telecommunications regulator, the Autorité de Régulation des Communications Électroniques et des Postes (hereinafter "ARCEP") "identified the Internet of Things as one of the priority projects of its strategic review". In order to anticipate the regulatory issues raised by the (...)

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

142

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

148

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)

140

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

159

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 +)

145

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

186

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)

146

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)

142

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

228

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)

248

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)

284

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 (...)

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

286

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)

179

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) (...)

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

84

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

128

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 (...)

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)

146

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, 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

188

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

108

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, 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

137

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)

172

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

143

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)

183

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 (...)

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

231

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 (...)

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)

180

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)

217

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

183

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 (...)

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

541

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

463

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)

558

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)

528

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)

644

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 (...)

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)

663

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 (...)

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)

599

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)

1002

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

698

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)

1013

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

1183

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

997

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

1436

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)

1859

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

1444

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

2095

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

2081

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)

1916

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)

2704

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

2384

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, 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

2243

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 (...)

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)

2252

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 (...)

Orion Berg Telecommunications - Exclusive contractual relationships: The French Competition Authority issues an opinion on the exclusive contractual relationships between providers of electronic communication services and distributors of audiovisual content (Orange Sports)

2263

Opinion No 09-A-42 of 7 July 2009 on exclusive relations between the activities of electronic communications operators and the distribution of content and services. The decision stems from a request for an opinion from the Minister of the Economy, Industry and Employment following the (...)

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)

3024

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)

2965

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 (...)

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