CASE COMMENTS: UNILATERAL PRACTICES - FRANCE - ABUSE OF EXCLUSION - DENIGRATION - EXCLUSIVITY REBATES

Abuse of exclusion: The French Supreme Court upholds the judgment of the Paris Court of Appeal sanctioning a practice of exclusivity rebates but rejecting a practice of denigration in the terrestrial television broadcasting sector (TDF)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In a decision no. 16-D-11 of 6 June 201620 million, the Competition Authority had sanctioned the company TDF, as well as its parents, for two practices of abuse of a dominant position (see F. Marty, Concurrences n° 3-2016, p. 9). The practices in question had taken place in the terrestrial television broadcasting sector. TDF, a former state monopoly, was the leader in the sector with a market share of more than 70%, or even more than 80%, and held a dominant position both on the upstream wholesale market (the market for the ownership of masts capable of housing technical broadcasting equipment) and on the downstream market (the market for the broadcasting

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Anne Wachsmann, Nicolas Zacharie, Abuse of exclusion: The French Supreme Court upholds the judgment of the Paris Court of Appeal sanctioning a practice of exclusivity rebates but rejecting a practice of denigration in the terrestrial television broadcasting sector (TDF), 16 September 2020, Concurrences N° 1-2021, Art. N° 99127, pp. 134-135

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