CASE COMMENTS: UNILATERAL PRACTICES – FRANCE – TYING – LEVERAGING EFFECT

Tying: The Paris Court of Appeals upholds the Lyon commercial court’s finding that a newspaper abused its dominant position by tying online services with the publication of obituary notice (La Montagne / Aviscom)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In a ruling that will also attract attention with regard to the rules of unfair competition and consumer law, the Paris Court of Appeals confirms the condemnation of the newspaper La Montage pronounced by the Commercial Court of Lyon. The practices alleged against the newspaper were as follows: each obituary notice published in the newspaper referred to the website www.dansnoscoeurs.fr, which offered an online condolence register. The insertion of the link to this site was systematic; it was done without informing customers or asking for their consent. Only ex-post, upon receipt of the detailed invoice, were customers informed of the price breakdown

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  • Catholic University of Louvain

Quotation

Anne-Lise Sibony, Tying: The Paris Court of Appeals upholds the Lyon commercial court’s finding that a newspaper abused its dominant position by tying online services with the publication of obituary notice (La Montagne / Aviscom), 7 December 2016, Concurrences N° 2-2017, Art. N° 83868, pp. 94-95

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