France: Use of essential facilities by France Télécom
Wednesday, 1 December 1999
Featured In: December 1998 / January 1999 (Vol. 1 Iss. 6)
This judgment follows on from the Heli-Inter decision (Cons. conc. September 3 1996, CA Paris September 9 1997), in which the Conseil de la Concurrence and the Paris Court of Appeal applied the EC doctrine of essential facilities to infrastructure in the context of national law. This latest judgment, by applying the notion to a service and by introducing the term ‘facility’, previously unknown in French jurisprudence, represents a logical evolution of this innovative case-law approach.
Nicolas Charbit
Freshfields
Paris
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