August & Debouzy advised France Télécom
On January 17, 2012, the Cour de cassation handed down a ruling that definitively ends over 7 years of litigation between the French Competition Authority and France Télécom and SFR regarding alleged practices in the market for business landline calls to mobiles. The ruling confirms the Paris Court of Appeal’s power to enjoin the Competition Authority to publish a statement on its website and in the press. Following two previous referrals from the Cour de cassation, the case was referred for the third time back to the Paris Court of Appeals, which rendered a decision on January 27, 2011 cancelling the €18 million and €2 million fines that the Competition Authority had imposed on France Télécom and SFR, respectively, in 2004, for unfair practices consisting in a margin squeeze in the market for business landline calls to mobiles, insofar as the Court of Appeals had found flaws and contradictions in the taking of evidence. The Court of Appeals also ordered the Competition Authority to publish on its website and in the Les Echos newspaper a statement indicating that the charges against France Télécom were not established and that it had been wrongly fined. The Competition Authority filed an appeal on points of law before the Cour de cassation, against the Court of Appeals’ decision, but the supreme court dismissed its arguments by stating that the Court of Appeals had rightly found that it had not been established that France Télécom’s price structure constituted an anticompetitive squeeze and had not acted ultra vires when it ruled that it was appropriate to publish its ruling quashing a decision which had also been notified to the public by its author, and ordered the Competition Authority to publish a statement under the same conditions as the publication of the quashed decision. France Télécom was represented by Marc Lévis and assisted by Christophe Clarenc (August & Debouzy). SFR was represented by Emmanuel Piwnica and assisted by Frédérique Dupuis-Toubol (Bird & Bird).

