CASE COMMENT : ANTICOMPETITIVE PRACTICES - PROTECTIVE MEASURES - IMPOSED CONDITIONAL MEASURES

Imposed conditional measures: The French Supreme Court holds that the Competition Council may impose conditional measures if the facts seem likely to constitute practices contrary to Articles L. 420-1 or L. 420-2 of the commerce code (Société Neuf Télécom)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts In 2003, Free, Iliad, LDCom and Neuf Télécom referred to the French Competition Council (Conseil de la concurrence) the practices of TF1, M6 and France Télécom which they considered to be contrary to the rules prohibiting anti-competitive agreements and abuses of dominant position, and have requested protective measures. In a decision of 15 April 2004 [1], the Commission ordered several measures against TPS, a subsidiary of TF1 and M6, and France Télécom. However, the Paris Court of Appeal overturned this decision [2]. Neuf Télécom has appealed to the French Supreme Court against the appeal judgment. Decision "Whereas, in order to reform the Board's

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Marie Koehler de Montblanc, Imposed conditional measures: The French Supreme Court holds that the Competition Council may impose conditional measures if the facts seem likely to constitute practices contrary to Articles L. 420-1 or L. 420-2 of the commerce code (Société Neuf Télécom), 8 November 2005, Concurrences N° 1-2006, Art. N° 27314, www.concurrences.com

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