The Paris Court of Appeal limits the scope of the essential facilities theory by declining to consider abusive a refusal to access to a software (NMPP / MLP)

Background In 2003 Messageries Lyonnaises de Presse (MLP), a press distributor, filed a complaint with the French Competition Council (hereinafter "the Council") against Nouvelles Messageries de Presse Parisienne (NMPP) on the grounds that the latter was conducting an anti-competitive practice insofar as it refused access to its Presse 2000 software, protected by intellectual property law. This software enables the provision of information to distributors relating to titles and unsold

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Authors

  • Simmons & Simmons (Paris)
  • Hewlett Packard (Boulogne-Billancourt)

Quotation

Ombline Ancelin, Charles Saumon, The Paris Court of Appeal limits the scope of the essential facilities theory by declining to consider abusive a refusal to access to a software (NMPP / MLP), 31 January 2006, e-Competitions January 2006, Art. N° 485

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