The Paris Court of appeal reverses a decision of the Commercial Court which ordered the telephone incumbent to suspend the conditioned sale of its football dedicated channel to the subscription to its triple play offer (Orange Foot-France Télécom)

On 14 May 2009, the Paris Court of appeal reversed a decision of the Paris Commercial Court dated 23 February which ordered France Telecom to suspend the conditioned sale of its football dedicated channel “Orange Foot” to the subscription to its triple play offer. The Paris Court of Appeal held that Article L. 122-1 of the French Consumer Code prohibiting tied sales to consumers was contrary to EC law. Facts In July 2004, France Telecom (“FT”) launched its Orange branded triple play offer on the French market. This offer combined a high-speed Internet access, unlimited telephony and television programming consisting in a package of basic channels with non-linear interactive services such as video-on-demand and catch-up TV. In order to add some premium content to its offer, FT acquired

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Jérôme Philippe, Lucas Niedolistek, The Paris Court of appeal reverses a decision of the Commercial Court which ordered the telephone incumbent to suspend the conditioned sale of its football dedicated channel to the subscription to its triple play offer (Orange Foot-France Télécom), 14 May 2009, e-Competitions Consumer protection, Art. N° 26812

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