CASE COMMENT : ANTICOMPETITIVE PRACTICES - ABUSE OF DOMINANT POSITION - PROVISIONAL MEASURES - CONDITIONS
Provisional measures: The Paris Court of Appeal mixes analysis of the merits and examination of the request for provisional measures (Nouvelles Messageries)
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CA Paris, 31 January 2006, Nouvelles Messageries de la Presse Parisienne v/ Messageries Lyonnaises de Presse Facts
Taking the view that the Nouvelles Messageries de la Presse Parisienne (NMPP) was abusing its dominant position on the market for the distribution of newspapers by the number, the Messageries Lyonnaises de Presse (MLP) referred the matter to the Competition Council in 2003. They were accused of refusing them direct access to their Presse 2000 software, which allows them to monitor press distribution.
Pending a decision on the merits, the MLPs have requested the Council to grant provisional measures, including direct access to the software.
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