The Paris Court of appeal upholds France’s highest antitrust fine ever and confirms a strict -yet not entirely clear- approach towards exchange of information between competitors in oligopoly markets (Bouygues Télécom / SFR / Orange France)

On November 25, 2005, the French competition council imposed a combined fine of EUR 534 million on France's three mobile operators, i. e. the highest fine ever in France and one of the highest in Europe. The decision was based on two main objections, namely a practice of exchange of information on an oligopoly market and a concerted practice consisting in “freezing” the parties' market share. A year later, the Paris court of appeals upholds the decision and confirms its strict -yet not entirely clear- approach towards exchange of information between competitors in oligopoly markets. FACTS In its 2005 Decision, the competition council found that the three French mobile operators (Orange, SFR and Bouygues Telecom) had started in 1997 to exchange detailed and confidential information on

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Michel Debroux, The Paris Court of appeal upholds France’s highest antitrust fine ever and confirms a strict -yet not entirely clear- approach towards exchange of information between competitors in oligopoly markets (Bouygues Télécom / SFR / Orange France), 12 December 2006, e-Competitions December 2006, Art. N° 12728

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