The French Commercial Supreme Court quashes the ruling of the Paris Court of Appeal relating to the exclusive distribution agreements of smartphones (Orange / Apple / France Télécom)

In a ruling dated 16 February 2010, the French Supreme Court (the "Supreme Court") quashed the ruling of the Paris Court of Appeal (the "Court of appeal") relating to the exclusive arrangements between Orange France (a subsidiary of France Telecom) and Apple for the distribution of iPhones in France. According to the Supreme Court, the Court of appeal had not demonstrated that the exclusivity arrangements could generate market foreclosure and that the duration of the exclusivity for distribution of iPhones granted to Orange was not proportionate as regards the investments made by this operator for the distribution of iPhones. Background In September 2008, Bouygues Telecom submitted a complaint to the French Competition Authority (the "Authority") requesting interim measures to be taken