ALERTS : ABUSE OF DOMINANT POSITION - DURATION OF CONTRACT - DE FACTO EXCLUSIVITY - FORECLOSURE EFFECT EFFECT

De facto exclusivity: The French Competition Council grants interim measures against alleged de facto exclusivity clause having taken into account terms of termination (Emettel/TDF)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts In 2003, a dominant terrestrial broadcasting provider concluded exclusive seven-year contracts with several public channels. A competitor of this supplier, believing that the latter was abusing its dominant position on the grounds that it was foreclosing the market by reducing the possibilities of being awarded new markets, applied to the Competition Council for interim measures to put an end to these practices. This competitor also contested certain stipulations contained in the contracts that significantly limited the number and power of broadcasting stations that could be taken out of the scope of the contracts on an annual basis. By a decision

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Philippe Vanni, De facto exclusivity: The French Competition Council grants interim measures against alleged de facto exclusivity clause having taken into account terms of termination (Emettel/TDF), 2 May 2007, Concurrences N° 3-2007, Art. N° 27474, www.concurrences.com

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