The French Commercial Supreme Court rules that exchange of information is not prohibited per se and recalls that imposing fine in an oligopolistic market requires to demonstrate a concrete anticompetitive object or effect (Bouygues Telecom / Orange / SFR)

The “mobile telephony case” in which the French Competition Council, upheld by the Paris Court of Appeal, imposed on three competitors a record EUR 534 million fine, has not come to an end yet since the Cour de cassation (French supreme court for judicial matters) partially repealed the appeal judgment in a decision dated 29 June 2007. Procedure To impose such a fine to the three mobile phone operators (Orange, SFR and Bouygues Telecom), the Competition Council had distinguished two main misbehaviours [1]. 1° The three operators had agreed to stand on their respective market shares. 2° The three operators acting on an oligopolistic market had set an information exchange system on data which were not publicly disclosed. This information was precise and recent, and the exchange occurred

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Mickaël Rivollier, The French Commercial Supreme Court rules that exchange of information is not prohibited per se and recalls that imposing fine in an oligopolistic market requires to demonstrate a concrete anticompetitive object or effect (Bouygues Telecom / Orange / SFR), 29 June 2007, e-Competitions June 2007, Art. N° 13983

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