CASE COMMENTS: UNILATERAL PRACTICES - EXCLUSIONARY ABUSE – ACCESS REFUSAL – ESSENTIAL FACILITIES

Essential facilities : The Paris Court of Appeals upholds the French Competition Authority’s decision sanctioning the refusal of a vertically integrated editor of a consumer relationship management software to grant access to its data base to its downstream competitor (Cegedim)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The Authority had, by its Decision No 14-D-06 of 8 July 20145,767,000, imposed a financial penalty of 5,767,000 euros on Cegedim. Cegedim publishes CRM (Consumer Relationship Management) software in the medical field and also owns a database (OneKey) on drug sales and prescriber behavior. The sanction was linked to a discriminatory refusal of access to this database solely for users of a competing CRM (Netreps), marketed by Euris. This financial penalty was accompanied by an injunction to put an end to the practices in question. This decision was the culmination of a dispute arising from a referral dated November 25, 2008, which had given rise to

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  • Côte d’Azur University, GREDEG (Nice)

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Frédéric Marty, Essential facilities : The Paris Court of Appeals upholds the French Competition Authority’s decision sanctioning the refusal of a vertically integrated editor of a consumer relationship management software to grant access to its data base to its downstream competitor (Cegedim), 24 September 2015, Concurrences N° 4-2015, Art. N° 76089, pp. 123-124

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