The French Supreme Court rules that the damage caused to the economy by an anticompetitive practice cannot be presumed (Bouygues Télécoms, SFR, Orange)

Background This case is the latest episode of the saga of the «mobile telephony case«. In 2005 the French Competition Council [1] imposed on the three leading French mobile operators (Orange France, SFR and Bouygues Télécom) a record fine of € 534 M for collusive practices consisting in (i) exchange of commercially sensitive information, and (ii) concerted practice to freeze market shares. In 2006 the Paris Court of Appeal dismissed the appeals lodged by the three mobile companies against the decision [2].In 2007

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Authors

  • Herbert Smith Freehills (Paris)
  • McDermott Will & Emery (Paris)

Quotation

Sergio Sorinas, Lionel Lesur, The French Supreme Court rules that the damage caused to the economy by an anticompetitive practice cannot be presumed (Bouygues Télécoms, SFR, Orange), 7 April 2010, e-Competitions Bulletin April 2010, Art. N° 32056

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