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Case T-432/10: Judgment of the General Court of 16 October 2013 — Vivendi v Commission (Competition — Abuse of dominant position — French broadband and telephone subscription market — Decision rejecting a complaint — Lack of Community interest — Significance of the alleged infringement as regards the functioning of the internal market — Probability of establishing the existence of the alleged infringement)

ECLI:EU:UNKNOWN:62010TA0432

62010TA0432

October 16, 2013
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30.11.2013

Official Journal of the European Union

C 352/11

(Case T-432/10) (<span class="super">1</span>)

(Competition - Abuse of dominant position - French broadband and telephone subscription market - Decision rejecting a complaint - Lack of Community interest - Significance of the alleged infringement as regards the functioning of the internal market - Probability of establishing the existence of the alleged infringement)

2013/C 352/20

Language of the case: French

Parties

Applicant: Vivendi (Paris, France) (represented initially by: M. Struys, O. Fréget and J.-Y. Ollier; and subsequently by M. Struys, O. Fréget and L. Eskenazi, lawyers)

Defendant: European Commission (represented by: B. Mongin and N. von Lingen, acting as Agents)

Intervener in support of the defendant: Orange, formerly France Télécom (Paris France) (represented by: S. Hautbourg, lawyer)

Re:

Application for annulment of Commission Decision C(2010) 4730 of 2 July 2010, rejecting the complaint lodged by the applicant against France Télécom relating to an alleged abuse of a dominant position on the French broadband and telephone subscription market (Case COMP/C-1/39.653 — Vivendi & Iliad/France Télécom)

Operative part of the judgment

The Court:

1.Dismisses the application;

2.Orders Vivendi to bear its own costs and to pay those incurred by the European Commission;

3.Orders Orange to bear its own costs.

(<span class="super">1</span>) OJ C 317, 20.11.2010.

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