The French supreme Court holds that the fact that competitors have found alternative solutions to avoid detrimental effects of price squeezing of the telco incumbent is irrelevant to establish an abuse under Art. 82 EC (ETNA / France Telecom-SFR)

Background When an individual makes a call from a landline to a mobile phone, the call is first directed through a landline network until interconnection with the mobile network. Then the landline operator is relayed by the mobile operator which directs the call to the addressee and subsequently charges the landline operator call termination charges (CTCs) for access to its network. These CTCs are then taken into account in the retail price of the landline to mobile calls charged by the landline operator to the end customer (in this case, professional users). As identified by the French Competition Council (see infra) the French market for landline to mobile phone call services is subdivided into: (i) the market for collecting, carrying and interconnecting calls from landlines until

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Authors

  • Kramer Levin Naftalis & Frankel (Paris)
  • Eversheds Sutherland (Paris)
  • Eversheds Sutherland (Paris)

Quotation

Noëlle Lenoir, Dan Roskis, Charlotte-Mai Doremus, The French supreme Court holds that the fact that competitors have found alternative solutions to avoid detrimental effects of price squeezing of the telco incumbent is irrelevant to establish an abuse under Art. 82 EC (ETNA / France Telecom-SFR), 10 May 2006, e-Competitions Bulletin May 2006, Art. N° 1371

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