The French Competition Authority rejects a complaint about abuse of dominance in the sector of IT maintenance (Econocom)

On 27 June 2018, the French Competition Authority (“FCA”) rejected a complaint filed by French company Econocom, active in the maintenance of servers and storage solutions, against the main manufacturers of IT hardware: IBM, Hewlett Packard (“HP”) and Oracle. This decision was issued in a peculiar context, since in 2011, a complaint by Econocom before the European Commission had already led IBM to offer commitments regarding the access of third party maintainers (“TPMs”) to the spare parts and technical information necessary to perform maintenance services on IBM’s high-end servers. In 2013, Econocom filed a new complaint with the Commission, this time arguing that IBM was abusing its dominant position by implicitly refusing TPMs access to its firmware updates, i.e., updates developed by the

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Laurence Bary, The French Competition Authority rejects a complaint about abuse of dominance in the sector of IT maintenance (Econocom), 27 June 2018, e-Competitions June 2018, Art. N° 91358

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