The Conseil de la concurrence considered that the agreements entered into between Orange and Apple were likely to introduce further rigidity, to increase consumer captivity due to smartphones attraction and, through the implementation of a differentiation strategy, to reduce competition in a sector where it is already not effective. The French mobile market, the smartphones and iPhone The French mobile market lacks of competition as the French telecom regulator (the “ARCEP”), the Commission and the French competition authority (the “Conseil de la concurrence”) pointed out on several occasions. Only three network competitors are active on the French market, and the market share of the mobile virtual network operators (the “MVNOs”) is less than 6% in 2008. In addition, France has the

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