CASE COMMENT : PROCEDURE - ABUSE OF DOMINANT POSITION - PROOF

Proof : The French Supreme Court decides on the level of proof required to identify practices as anticompetitive (France Telecom-SFR)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts The Competition Council had imposed financial penalties on France Telecom and SFR for abusing their dominant positions on the market for the collection, transmission and direct interconnection of calls to mobile [1]networks. They had taken advantage of their position on this market and their infrastructures to charge prices on the "fixed-to-mobile business telecommunications market" such that competing companies could not match them unless they agreed to make losses (a practice known as "price squeeze"). The Paris Court of Appeal reversed this decision, stating that "the Commission had to demonstrate the elements constituting the practice in

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Marie Koehler de Montblanc, Proof : The French Supreme Court decides on the level of proof required to identify practices as anticompetitive (France Telecom-SFR), 10 May 2006, Concurrences N° 3-2006, Art. N° 27361, www.concurrences.com

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