CASE COMMENT: UNILATERAL PRACTICES - MONOPOLY - RELATED MARKETS - CONFUSION OF ACTIVITIES - USE OF DATA - CROSS SUBSIDIES - COMMITMENTS

Cross-subsdidies: The French Competition Authority turns the spotlight on the electricity incumbent’s commercial communication policy and the separation of its public service activities from those of its subsidiaries in the competitive business sector (Solaire Direct)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Aut. conc. dec. no. 09-MC-01 of 8 April 2009 relating to the referral on the merits of the case and the request for provisional measures presented by the company Solaire Direct The activities of an incumbent operator once again contribute to making competition law topical. Indeed, new anti-competitive practices have just been provisionally brought to light (so to speak) by the Competition Authority in the electricity sector (see, for example, in the electricity sector, Cons. conc., 22 November 2000, dec. no. 00-D-47, relating to the practices implemented by EDF and its subsidiary Citélum on the public lighting market, or Cons. conc, June 28, 2007, dec.

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Anne Wachsmann, Bastien Thomas, Cross-subsdidies: The French Competition Authority turns the spotlight on the electricity incumbent’s commercial communication policy and the separation of its public service activities from those of its subsidiaries in the competitive business sector (Solaire Direct), 8 April 2009, Concurrences N° 3-2009, Art. N° 27534, pp. 92-94

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