CASE COMMENTS: CARTELS - EUROPEAN UNION - DISTRIBUTION - COMMITMENTS - MISUSE OF POWER - INFRINGEMENT OF THIRD PARTY RIGHTS

Remedies: The Court of Justice of the European Union sets aside the judgment of the Court of First Instance of the European Union which upheld a decision of the European Commission making binding commitments entered into by an audiovisual distributor, for having disproportionately infringed the contractual rights of third parties (Canal+)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. We had criticized in a previous column (Concurrences 1-2019, p. 71) the judgment of the Court of First Instance upholding the Commission's decision making binding the commitments entered into by Paramount to end territorial exclusivity clauses (Trib. EU 12 December 2018, Case T-873/16). The Canal+ Group, a third party to the proceedings that led to these commitments, had challenged this Commission decision, in particular on the basis of the disproportionate nature of the infringement of third parties' rights. The Court of First Instance

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Michel Debroux, Remedies: The Court of Justice of the European Union sets aside the judgment of the Court of First Instance of the European Union which upheld a decision of the European Commission making binding commitments entered into by an audiovisual distributor, for having disproportionately infringed the contractual rights of third parties (Canal+), 9 December 2020, Concurrences N° 1-2021, Art. N° 99112, pp. 118-119

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