CASE COMMENT : ANTICOMPETITIVE PRACTICES - CONSERVATIVE MEASURES - NON-COMPLIANCE OF INJUNCTION - REVISION OF THE PENALTY

Non-compliance of injunction : The Paris Court of Appeal condemns severely an economic operator for non-compliance of an injunction pronounced by the Competition Council (France Telecom/9 Telecom)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts The Autorité de Régulation des Telecoms (ART) had defined three options containing the wholesale offers proposed by France Telecom's alternative operators to Internet service providers wishing to market broadband Internet access (ADSL). Option three provided for the concession by France Telecom of part of its virtual circuits to a third party operator so that the latter would be in a position to offer ADSL Internet services to Internet service providers in competition with France Telecom's offer. As France Telecom did not offer alternative operators the possibility of using option three, 9 Telecom referred the matter to the Competition Council. In

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Marie Koehler de Montblanc, Non-compliance of injunction : The Paris Court of Appeal condemns severely an economic operator for non-compliance of an injunction pronounced by the Competition Council (France Telecom/9 Telecom), 11 January 2005, Concurrences N° 2-2005, Art. N° 27232, www.concurrences.com

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