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Updated: Sept. 19, 2012 (Initial publication: May 25, 2012)

Sectorial Analysis

II-2.20: The Italian Conseil d’Etat pays little attention to the role of EC Commission.

Main information

The Italian upper administrative court (“Consiglio di Stato”) ruled that the Autorità per le garanzie nelle comunicazioni (“AgCom” – the Italian Regulatory Authority for electronic communications) is not bound to provide a rigorous justification when issuing decisions not compliant with European Commission’s comments. This judgment is of general interest since, on the basis of a formalistic reasoning, it does not pay adequate attention to the role played by the European Commission in electronic communications’ regulatory proceedings at national level. Under the European regulatory framework (and the multilevel governance system established therein), comments from the European Commission are the main pillar of the horizontal coordination system between the European level and the national level, aimed at creating a competitive common market for electronic communications.

Updated: Sept. 25, 2012 (Initial publication: April 2, 2010)

Sectorial Analysis

11-6.9: The French Court of Cassation handed down a decision on 23 September 2009 concerning a Right of First Refusal clause in which the price of resale is predetermined

Main information

A decision handed down by the French Court of Cassation (Cour de cassation) validates a right of first refusal contract whose purpose was to prevent financial speculation on the property being sold. This decision, political in nature, opens new possibilities for using the contract as an instrument for regulating real-estate prices.

Updated: April 12, 2010 (Initial publication: April 6, 2010)

Contributions

Sectorial report (Health) : A United States Federal Court found that payments made by Schering Plough in order to delay the introduction of generic forms of its drugs did not violate Antitrust Law, in a 26 March 2010 decision.

Updated: June 25, 2010 (Initial publication: June 3, 2010)

Grey Litterature

III-2.6: On May 28, 2010, the ARCEP (French postal and telecommunications regulatory authority) publishes a report it commissioned from WIK Consult, detailing methods for evaluating intangible benefits that accrue to La Poste (the French postal service) from its universal service obligations

On May 28, 2010, the {Autorité de régulation des communications électroniques et des postes} (ARCEP — French postal and telecommunications regulatory authority) published a report it ordered from WIK Consult, which details the tangible and intangible benefits accruing to {La Poste} (The French postal service) as a result of its universal service obligation, which are to be included in calculating compensation provided to the universal service provider for its universal service obligations, in application of the European Union’s Third Postal Directive liberalizing the postal market in the European Union. This report is critical in tone, but {La Poste} takes issue with its methodology and conclusions.

Updated: May 9, 2012 (Initial publication: April 24, 2012)

Breaking news

The "Association Française pour le Nommage Internet en Coopération" (AFNIC- the French Co-operative Association for Internet Names) allows the use of new characters.

In the same way that internationally, a private association ICANN, operates on Internet domain names, a number of domain names that are more specific to the France (such as "free" or "pm.") are managed by L’Association Française pour le Nommage Internet en Coopération (AFNIC- the French Co-operative Association for Internet Names). This association is composed of individuals but also of representatives of ministries. It has the normative authority of "naming", i.e. the power to allow the use of such or such letter. The alphabet is a convention, a set of standards as one another, also arbitrary and binding than another, also ideological and powerful than another. However, so far, only "low" letters could be used, it is - be a latin alphabet without accent. From May, 3 2012, the accents will be allowed. That is progress, that the association it's justified by the aim at becoming closer its standards of the French language and surnames.

Updated: Sept. 10, 2012 (Initial publication: June 2, 2012)

Sectorial Analysis

The European Commission adopted on May, 22 2012 guidelines in State aid allowing States to awarding compensation to companies that they support the cost of the market for trading of greenhouse gas emissions.

Updated: Sept. 25, 2012 (Initial publication: July 8, 2011)

Sectorial Analysis

II-5.8: The French Electricity Regulator can legitimately use its powers to organize Diffuse Effacement, but oversteps its mandate (ultra vires) when it mandates that intermediaries remunerate the energy supplier

Main information

The technique of “effacement diffus” [diffuse effacement] is when a number of electricity consumers agree beforehand to consume less electricity at certain times (effacement), which allows other consumers to use the network at peak hours. Corporate intermediaries arrange these diffuse effacements, thereby participating in the adjustment system vital to the security of the electricity distribution network. The Commission de Régulation de l’Energie (CRE – French energy regulator) organized the system of “diffuse seffacement” even though this measure was not contained in statute. The Conseil d'Etat (French Council of State)’s Voltalis ruling, handed down on May 3, 2011, recognizes the CRE’s right to organize this system. But, it also deems that the regulator exceeded its powers by mandating that the corporate intermediaries organizing diffuse effacement remunerate the electricity provider.

Updated: June 26, 2012 (Initial publication: June 19, 2012)

Breaking news

In the United States, the judgment of 6 June 2012 considered that Google was free to use Java to build its own computer system, because the first were not patentable.

In the United States, a trial opposes Oracle, applicant, Google, defendant. Indeed, Google has developed its computer system Android from elements of Java. Oracle holds a series of patents on Java and considers that, in doing so; Google infringed it's right to intellectual property. The financial stake of the trial is considerable. The issue of principle also, since it is a question of whether mathematical algorithm of departure was patentable, or at the very least protected by copyright law. Third rank of attack, as presented to the jury, Oracle argued that, even if one were to consider that it was not "owner", Google infringed the general rule of "fair use", leading to the beginning of the general field of the responsibility. In the first instance, the judgment of 9 June 2012 dismissed all, believing that technique debated was not quite original but a technique allowing two computer languages pre-existing dialogue, which is not copyrightable, and that a third party may use. This case is exemplary of the innovation place, as the case law to be inserted into the markets and industries. Oracle will appeal.

Updated: Sept. 19, 2012 (Initial publication: May 15, 2011)

Sectorial Analysis

II-2.13: The French Competition Authority takes protective measures to suspend a partnership between La Poste and Mondial Relay

ENGLISH
 
On May 12, 2011, the Autorité de la Concurrence (French Competition Authority) took protective measures to suspend a planned partnership between La Poste (The French postal service) and Mondial Relay, an alternative parcel delivery company. The Autorité de la Concurrence strongly suspects that this agreement would reinforce La Poste’s dominant market position and hinder the development of competition on the market for parcel delivery.
 

PORTUGUESE

Informe temático (Correios): A autoridade francesa de concorrência adota medidas protetivas para suspender una parceria entre La Poste e Mondial Relay.

Em 12 de maio de 2011, a Autorité de la concurrence (Autoridade francesa de concorrência) adotou medidas protetivas de suspensão de uma parceria planejada entre La Poste (o serviço postal francês) e Mondial Relay, uma empresa de envio alternativo de pacotes. A Autorité de la concurrence tem fortes suspeitas de que este acordo reforçaria a posição dominante de mercado de La Poste e afetaria o desenvolvimento da concorrência no mercado de envio de pacotes.

ITALIAN


Relazione tematica (Poste): L’autorità garante della concorrenza francese ha adottato dei provvedimenti di protezione per impedire il partenariato tra La Poste e Mondial Relay


Il 12 maggio 2011, l’Autorité de la Concurrence (l’autorità garante della concorrenza) ha adottato dei proveddimenti per sospendere un progetto di partenariato che sarebbe stato concluso tra La Poste (la società che gestisce i servizi postali francesi) e Mondial relay, un’altra società di consegna pacchi. L’Autorité de la Concurrence ha emesso forti sospetti che tale accordo puntasse a rinforzare la posizione dominante de La Poste e ad ostacolare la normale concorrenza nel mercato della consegna pacchi.

 
Other translatations forthcoming.

Updated: July 23, 2012 (Initial publication: July 16, 2012)

Breaking news

On July 12, 2012, the European commissioner Neelie Kroes announced that she will not act to lower prices of optic fiber.

The optic fiber is a very difficult issue for regulators: they want its deployment, for the good of consumers, but they are not willing to pay much more for this and the operators are not prepared to invest without profitability. Incentives are insufficient and uncertainties, major flaw of the regulation, are very large. This is why the European Commissioner in charge of digital, Mrs. Neelie Kroes, announced that on the one hand that the system would now stable for regulation of the optic fiber and that on the other hand there is no more tendency of the regulator to lower the price of access to cost method which discourage operators to invest.
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