The Paris Court of Appeal rejects the applicability of Art. 101 and 102 TEU but upholds the findings that two telecom operators had abused their dominant positions in the telephony markets (Orange Caraïbe / France Telecom)

The Court of Appeal ruled on 23 September 2010 in the Orange Caraïbe case. It mainly upheld the findings of the French Competition Authority. Nonetheless, ruling out the applicability of Article 101 and 102 on doubtful grounds, it also quashed the decision insofar it found a margin squeeze in the case. The fines imposed by the competition authority were therefore confirmed, with the notable exception of the fines imposed on France Telecom which were reduced to €7,5 millions to reflect the absence of margin squeeze practice. I. Background In 2004, Bouygues Telecom filed a complaint before the French Competition Authority, arguing that Orange Caraïbe and France Telecom, its mother, infringed competition law on the mobile, fixed and leased lines markets in Guadeloupe, Martinique and French

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  • French Competition Authority (Paris)

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Elise Provost, The Paris Court of Appeal rejects the applicability of Art. 101 and 102 TEU but upholds the findings that two telecom operators had abused their dominant positions in the telephony markets (Orange Caraïbe / France Telecom), 23 September 2010, e-Competitions September 2010, Art. N° 33595

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