CASE COMMENTS: UNILATERAL PRACTICES – FRANCE – TELECOMMUNICATIONS – REFUSAL TO DEAL – ESSENTIAL FACILITIES

Essential facilities: The French Competition Authority rejects for lack of convincing evidence the request for provisional measures related to an alleged refusal to access to an essential facility (OATA / Orange)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. On 23 January 2020, the Competition Authority rejected the request for interim measures ancillary to a referral on the merits of the case by OATA, the Association of Alternative Telecommunications Operators. The association, which represents 40 regional telecom operators, denounced an abuse of a dominant position and claimed that the incumbent operator Orange had abusively refused access to its FttH (Fiber to the Home) infrastructure. The Context The context of the case must be recalled. The sector concerned was the electronic communications sector, and more specifically the sector of the provision of high-speed and very high-speed internet

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Marie Cartapanis, Essential facilities: The French Competition Authority rejects for lack of convincing evidence the request for provisional measures related to an alleged refusal to access to an essential facility (OATA / Orange), 23 January 2020, Concurrences N° 2-2020, Art. N° 94700, pp. 91-92

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