CASE COMMENTS : UNILATERAL PRACTICES - SCOPE OF APPLICATION OF EU LAW – EXCLUSIONARY ABUSE – TELECOM

Exclusionary abuse: The Paris Court of Appeal applies EU case law on effects on trade between Member States (Orange Caraïbe)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The foreclosure practices implemented by the incumbent's subsidiaries in the overseas mobile telephony sector have been the subject of numerous decisions commented on in these columns. The issue at stake in the reported judgment, handed down by the Paris Court of Appeal on referral after cassation (Cass. com., 31 January 2012, No. 10-25772, 10-25775 and 10-25882), was not one of substance. It was not the assessment of the predatory practices implemented on the fixed and mobile telephony markets in the overseas territories that had been the subject of a cassation, but the fact that the Paris Court of Appeal had, on improper grounds, ruled out the

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  • Catholic University of Louvain

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Anne-Lise Sibony, Exclusionary abuse: The Paris Court of Appeal applies EU case law on effects on trade between Member States (Orange Caraïbe), 4 July 2013, Concurrences N° 4-2013, Art. N° 59139, p. 87

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