CASE COMMENTS : UNFAIR PRACTICES - TECHNOLOGY – DIVERSION OF CUSTOMERS - PRESUMPTION OF PREJUDICE - THIRD PARTY BENEFICIARY OF WRONGFUL CONDUCT

Electronic communications: The Council of State validates ARCEP practice on penalties (AFORST)

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*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. By various decisions taken in 2005 and 2006, ARCEP designated France Télécom (France Télécom) as an operator exercising significant influence on the market and imposed various obligations on it pursuant to Articles L. 32-1, 37-1 and 38 of the French Post and Electronic Communications Code (CPCE). Following the publication of France Telecom's financial statements in 2006, the French association of telecommunications network and service operators (AFORST) referred the matter to the Chief Executive Officer of ARCEP on September 4, 2008. It asked him to give France Télécom formal

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