CASE COMMENTS: UNILATERAL PRACTICES – ABUSIVE PRICE DISCRIMINATION – DISCRIMINATION – RAISING RIVAL’S COSTS

Margin squeeze: The Paris Court of Appeal, after having requested an amicus opinion from the Commission, rules that two French telecom operators abused their respective dominant position by abusively differenciating tariffs of on-net and off-net calls (Orange et SFR)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The law on abuse of a dominant position owes a great deal to the opening up of the telecoms sector to competition. This time, we are talking about practices that took place in metropolitan France between 2005 and 2011. At the time, mobile phone operators offered subscriptions distinguishing between so-called on-net calls (calls between subscribers of the same operator) and off-net calls (calls to a subscriber of an operator other than that of the caller). Under various schemes, on-net calls were "unlimited" while off-net calls were charged at a flat rate. In reality, on-net calls were not really unlimited, or rather they were... within certain

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  • Catholic University of Louvain

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Anne-Lise Sibony, Margin squeeze: The Paris Court of Appeal, after having requested an amicus opinion from the Commission, rules that two French telecom operators abused their respective dominant position by abusively differenciating tariffs of on-net and off-net calls (Orange et SFR) , 19 May 2016, Concurrences Nº 3-2016, Art. N° 80813, pp. 74-79

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