CASE COMMENTS - ANTICOMPETITIVE AGREEMENT – APPLICABILITY OF EU LAW – EXCLUSIVITY
Applicability of the EU Law: The Paris Court of Appeal largely confirms the Orange Caraïbe decision and sets the same slightly reduced fines as the first Court of appeal (Orange Caraïbe)
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In a 2009 decision, the Authority sanctioned France Telecom and its subsidiary Orange Caraïbe for practices of exclusion on the mobile and fixed telephony market in certain overseas departments, as well as for having imposed an exclusivity clause that did not comply with Articles L. 420-1 of the Commercial Code and 101 TFEU, which it ordered Orange Caraïbe to suspend pending the decision on the merits (decision on provisional
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