EU Court of Justice Advocate General Mazák proposes the setting aside of the CFI’s judgment in an abuse of dominant position case in the telecommunication sector (France Télécom)

On 25 September 2008, Advocate General Mazák issued his opinion in France Télécom‘s appeal of the judgment of the Court of First Instance (CFI). This judgment upheld a Commission decision which concluded that France Télécom had abused its dominant position on the French market for high-speed Internet access for residential customers by charging predatory prices. In his opinion, Advocate General Mazák has proposed that the Court of Justice set aside the CFI’s judgment for a number of reasons. First, the Advocate General concluded that the CFI failed to comply with its duty to provide adequate reasons under Articles 36 and 53 of the Statute of the Court of Justice as regards France Télécom‘s argument that its subsidiary Wanadoo had a right to align its prices with competitors. The Advocate

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Authors

  • Van Bael & Bellis (Brussels)
  • Practising Law Institute (New York)

Quotation

Tim Kasten, Sean Gerlich, EU Court of Justice Advocate General Mazák proposes the setting aside of the CFI’s judgment in an abuse of dominant position case in the telecommunication sector (France Télécom), 25 September 2008, e-Competitions Bulletin September 2008, Art. N° 44521

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