The French Supreme Court clarifies the use of the indispensable input criterion in a margin squeeze case (SFR / France Télécom)

The French Supreme Court decided a margin squeeze case in the telecom sector after long proceedings and ten years after an undertakings' association filed its complaint. In this case, the French branch of the European Telecom and Networks Association (ETNA) complained before the French Competition Authority, arguing that France Télécom and SFR infringed article L. 420-2 of the French commercial code (the national provision similar to article 82) and article 82 of the EC Treaty, by charging a mobile call termination tariff to alternative operators that did not allow them to compete with SFR and France Télécom's retail prices for fixed to mobile services. In order to provide a fixed to mobile service to its customers, a fixed line operator needs to interconnect directly or indirectly,

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  • French Competition Authority (Paris)

Quotation

Elise Provost, The French Supreme Court clarifies the use of the indispensable input criterion in a margin squeeze case (SFR / France Télécom), 3 March 2009, e-Competitions Bulletin March 2009, Art. N° 26721

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