CASE COMMENT: PROCEDURE - PROVISIONAL MEASURES - FAIR ECONOMIC CONDITIONS
Provisional measures: The Court of Appeal of Paris cancels, after an unfortunate confusion between substantive analysis of the case and examination required for the pronouncement of provisional measures, the Competition Council decision ordering a press distribution company to grant access to "Media 2000" software in fair economic conditions to its main competitor (MNPP/MLP)
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It was thought that, since the 8 November 2005 judgement of the Court of Justice of the European Communities in the cassation in the case of ADSL TV, the discussion on the standard of proof required by the Council for the issuance of The provisional measures were, if not closed, at least in the process of being put to rest. It seems, however, that not all the difficulties have yet been ironed out, the Paris Court of Appeal, which is definitely having the greatest difficulty in to accept that the Council can intervene through the essential tool for the competitive regulation of the markets constituted by the power of order provisional measures. But this time
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