The Paris Court of Appeal holds that the definition of the relevant market requires a specific assessment in cases involving a company providing a service of general economic interest (Vedettes inter-îles vendéennes)

In a ruling of 9 June 2009 [1] , the Paris Court of Appeal (the “Court of Appeal”) dismissed an appeal brought by the company Vedettes Inter-iles vendéennes (“VIIV”) against the French Competition Council (the “Council”) decision dated 23 December 2004 [2]. The period of 5 years between the decision and the judgment is due to the fact that the Paris Court of Appeal initially upheld the Council's decision in 2005 following a first appeal [3] but that this judgment was subsequently overturned by the French supreme court (“Cour de cassation”) [4] in 2008, referring the case back to the Paris Court of Appeal. The appealed decision followed a complaint filed by VIIV in 2001. The latter contended that the Régie départementale des passages d'eau de la Vendée (“RDPEV”) was using its dominant

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Dominique Brault, Romain Maulin, The Paris Court of Appeal holds that the definition of the relevant market requires a specific assessment in cases involving a company providing a service of general economic interest (Vedettes inter-îles vendéennes), 9 June 2009, e-Competitions June 2009, Art. N° 26781

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