The French Supreme Court declares a television network’s requirement that an online streaming service include its free channels in a premium package does not constitute either resale price maintenance or a significant imbalance (Molotov / M6)

In its decision of September 28, 2022, the Commercial, Financial and Economic Chamber of the Court of Cassation rejected the appeal challenging the decision of the Paris Court of Appeal of November 18, 2020, thus putting an end to the Molotov/M6 saga. The judges of the “Quai de l'Horloge” clearly stated that the fact that a television channel publisher makes the provision of its free-to-air Digital Terrestrial Television (DTT) channels subject to their inclusion, by a distributor, in a premium package cannot constitute the imposition of a minimum price. Nor can this constitute a submission or attempted submission to a significant imbalance under the former Articles L.442-6, I, 2° and L.442-5 of the French Commercial Code. [1] As a reminder, Molotov, a new player in the world of

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  • University Paris Saclay (Paris)
  • University Paris Saclay (Paris)
  • University Paris Saclay (Paris)

Quotation

Camille Dolomie, Sabri Mammeri, Ryan Pays, The French Supreme Court declares a television network’s requirement that an online streaming service include its free channels in a premium package does not constitute either resale price maintenance or a significant imbalance (Molotov / M6), 28 September 2022, e-Competitions September 2022, Art. N° 110459

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