The Paris Court of Appeals confirms the Competition Authority’s interim measures preventing exclusive rights regarding the distribution of smartphones (Orange / Apple / France Télécom)

In a decision dated 4 February 2009, the Paris Court of Appeals confirmed decision n° 08-MC-01 [1] . The Council's Decision The Competition Council acceded to the request of Bouygues Telecom in its decision n° 08-MC-01 [2] of 17 December 2008. It thus, as an interim measure, enjoined Apple and France Telecom to suspend, for France, the provisions of the agreements which made Orange the exclusive mobile telephone operator for iPhone products. The Council also decided to open a detailed investigation to determine the anti-competitive character, if any, of the partnership between Orange and Apple with regard to Articles 81 and 82 of the EC Treaty and Articles L. 420 and L. 420-2 of the French Commercial Code. The Appeal against the Decision At the end of December, Apple, France Telecom

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  • White & Case (Paris)
  • Dalkia Wastenergy (Paris)

Quotation

Orion Berg, Gildas Hallaire, The Paris Court of Appeals confirms the Competition Authority’s interim measures preventing exclusive rights regarding the distribution of smartphones (Orange / Apple / France Télécom), 4 February 2009, e-Competitions Vertical restrictions and e-commerce, Art. N° 25125

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