The French Supreme Court lowers the standard of proof for anticompetitive practices and quashes the Paris Court of Appeal judgment in the Ténor case, regarding calls from landlines to mobile phones (ETNA / France Telecom-SFR)

Following a referral by an association of telecom operators disputing the pricing policy of integrated operators (i.e. offering both landline and mobile phone services), the French Competition Council had, in its decision of 14th October 2004, found against France Télécom and SFR and fined them for their scissoring prices [1], Price scissoring occurs when a monopolistic or dominant operator on an upstream market, also active on a downstream market

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  • Freshfields Bruckhaus Deringer (Paris)

Quotation

Jérôme Philippe, The French Supreme Court lowers the standard of proof for anticompetitive practices and quashes the Paris Court of Appeal judgment in the Ténor case, regarding calls from landlines to mobile phones (ETNA / France Telecom-SFR), 10 May 2006, e-Competitions Bulletin Burden of proof, Art. N° 1389

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