CASE COMMENT : ANTICOMPETITIVE AGREEMENTS - EUROPEAN LAW - EFFECT ON TRADE BETWEEN MEMBER STATES - SENSITIVITY OF THE ASSIGNMENT
Anticompetitive agreements: The Paris Court of Appeal applies the criteria established by the Supreme Court in order to characterize an appreciable effect on trade between Member States (Digicel Antilles françaises Guyane, France télécom and Orange Caraïbe/Outremer Télécom)
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CA Paris, 04.07.2013, Digicel Antilles françaises Guyane, France télécom and Orange Caraïbe / Outremer Télécom, RG n° 2012/05160
By decision 09-D-36 of 9 December 2009, the Competition Authority had heavily sanctioned the incumbent telephone operator and one of its subsidiaries for cartel practices and abuse of a dominant position on the mobile telephone market in the departments of Martinique, Guadeloupe and French Guiana: France Télécom and Orange Caraïbe had been jointly and severally fined EUR 52.5 million (in addition to the EUR 10.2 million fine imposed on France Télécom alone for two
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