CASE COMMENTS : UNILATERAL PRACTICES - ESSENTIAL FACILITIES - MEDIA SECTOR - SOFTWARE

Essential Facilities: The Court of Cassation rules that "Presse 2000" software is not an essential infrastructure (NMPP)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, July 12, 2005, Nouvelles Messageries de la Presse Parisienne, "Presse 2000", n° 04-12.388 Press distribution in France is once again at the centre of a dispute raising competition law issues. The Court of Cassation has censured a decision of the Paris Court of Appeal which had ordered Nouvelles Messageries de la Presse Parisienne (NMPP) to provide their competitor with direct and automatic access to their Presse 2000 software, which the Court described as an essential infrastructure. Only the question of whether or not a critical infrastructure exists will be the subject of this commentary, the procedural means raised by NMPPs will not be

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Anne Wachsmann, Amandine Bouin, Essential Facilities: The Court of Cassation rules that "Presse 2000" software is not an essential infrastructure (NMPP), 12 July 2005, Concurrences N° 4-2005, Art. N° 656, pp. 77-79.

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