On 8 March 2011 the French Competition Authority (the
'Authority') issued an opinion (the 'Opinion') on
the competitive aspects of the broadband and very high broadband
The Opinion followed a request from the French Authority
regulating Electronic Communication and Post (the 'Telecoms
Regulator') and was issued in the context of the transitioning
electronic communication market.
This market opened to competition almost fifteen years ago, and
according to the Opinion, the Telecoms Regulator plays a
determining role in the transition from the initial situation of
monopoly of the incumbent operator, France Telecom, to the current
objective of full competition involving various operators.
For the Authority, the development of competition in the
electronic communication market should lessen the need for
regulation. In very populated areas, alternative operators
(such as Free and SFR) can compete with France Telecom. Such
competition could allow new operators to enter the
market. As a result the Authority has advised the
Telecoms Regulator to deregulate areas where healthy competition
Conversely, the Authority underlines that in less populated
areas, where the level of competition is lower, France Telecom
still holds a very strong position which justifies the Telecoms
Regulator's regulatory interventions.
As regards the optical fibre market, the Authority indicates
that the Telecoms Regulator acts to create a "level playing
field" in providing operators with the necessary framework for
their investment decisions by imposing ex ante obligations
to access networks and to build infrastructures. The
Authority indicates that the Telecoms Regulator's role will be
evaluated within twelve or eighteen months.
Finally, the Authority notes that following implementation of
the EU Telecoms framework, the Telecoms Regulator will have the
opportunity to determine whether the functional separation of
France Telecom between retail and network businesses is
The Authority thus encourages the Telecoms Regulator to consider
To view Community Week, Issue 512; 11th March 2011 in
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
By 27 December 2016, the Croatian Parliament needs to implement the Directive 2014/104/EU on antitrust damages actions, which is expected to streamline the procedure for private individuals and businesses to sue for damages...
The European Commission recently published its preliminary report on the E-commerce Sector Inquiry, identifying potential competition concerns in cross-border e-commerce of digital content and consumer goods.
The German government has recently published a bill that would significantly amend the criteria for determining whether an M&A transaction is subject to German merger control.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).