CASE COMMENTS: UNILATERAL PRACTICES - EFFECT ON TRADE BETWEEN EU COUNTRIES - DEFINITION OF THE RELEVANT MARKET - EXCLUSIONARY ABUSE - EXCLUSIVITY - PRICE DIFFERENTIATION - MARGIN SQUEEZE - AS EFFICIENT COMPETITOR TEST - IMPUTATION TO THE PARENT COMPANY FOR THE UNLAWFUL CONDUCT OF A SUBSIDIARY - REPEAT OFFENSE

Exclusionary abuse - Margin squeeze: The Paris Court of Appeal confirms the main points of the French Competition Authority’s decision n° 09-D-36 of 9, December 2009 regarding the practices implemented by two telecommunication companies on different telecommunication services markets in Martinique, Guadeloupe and French Guyana (Orange Caraïbe)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In a ruling handed down on July 4, 2013, the Paris Court of Appeal, otherwise composed, ruling on a referral after cassation by the Court of Cassation, essentially confirmed Decision No. 09-D-36 of December 9, 2009 relating to practices implemented by Orange Caraïbe and France Telecom on various markets for electronic communications services in the departments of Martinique, Guadeloupe and French Guiana. With the exception of one grievance concerning a practice of margin squeeze, which was annulled for lack of reasoning, all the grievances upheld by the Authority are confirmed. The initial fine of EUR 63 million is, moreover, reduced by only EUR 3 million.

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