The Paris Court of Appeal upholds the Competition Authority’s decision holding that direct access to telecom company subscribers is not an essential facility (Cogent Communications / France Télécom)

Introduction At a time when cloud computing is changing the face of the Internet, the decision of the Paris Court of Appeal acts as a reminder that the Internet is primarily a matter of physical wires. In December 2013, the Court ruled on an appeal of a French competition authority (ADLC) decision brought by network operator Cogent Communications Inc. (Cogent). The decision concerned interconnections between Cogent and France Télécom networks and the access to end-users. The Court upheld the ADLC's decision finding that direct access to France Telecom's end-users was not an essential facility and that France Télécom did not engage in anticompetitive practices by demanding payment of a fee for Cogent to access new capacity on its network. The Court's ruling sheds light on the functioning

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  • Herbert Smith Freehills (Paris)

Quotation

Sergio Sorinas, The Paris Court of Appeal upholds the Competition Authority’s decision holding that direct access to telecom company subscribers is not an essential facility (Cogent Communications / France Télécom), 19 December 2013, e-Competitions December 2013, Art. N° 68788

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