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The French Commercial Supreme Court rules that exchange of information between competitors in an oligopolistic market is not per se contrary to Art. 81 EC and national equivalent provision (Bouygues Telecom, Orange, SFR)

French Commercial Supreme Court [Cour de cassation (Chambre commerciale, financière et économique)], 29 June 2007, Bouygues Telecom, Orange, SFR, Cases n° U 07-10.303, Z 07-10.354 and W 07-10.397 http://www.legifrance.gouv.fr/WAspa... http://www.conseil-concurrence.fr/d... Background On 29 June the French Commercial Supreme Court (“the Supreme Court”) ruled on a noteworthy case relating to anticompetitive agreements and exchange of information in the mobile telephony market. The case was decided on the basis of Article L. 420-1 of the French Commercial Code and Article 81 of the EC Treaty. The anticompetitive practices came to light as part of an investigation carried out following the Competition Council's decision of 28 August 2001 to begin proceedings ex officio. In addition, a

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Lauriane Lépine-Sarandi, Dominique Enjolras, The French Commercial Supreme Court rules that exchange of information between competitors in an oligopolistic market is not per se contrary to Art. 81 EC and national equivalent provision (Bouygues Telecom, Orange, SFR), 29 June 2007, e-Competitions Bulletin June 2007, Art. N° 14162

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