Case T- 432/10 Vivendi v Commission (rejection of complaint) [Archived]
Case T- 432/10 Vivendi v Commission (rejection of complaint) [Archived]

The following Competition guidance note provides comprehensive and up to date legal information covering:

  • Case T- 432/10 Vivendi v Commission (rejection of complaint) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related/relevant cases

CASE HUB

ARCHIVED–this archived case hub reflects the position at the date of the judgment of 16 October 2013; it is no longer maintained.

See further: timeline, commentary and related/relevant cases

Case facts

Outline Appeal to the General Court seeking annulment of the Commission decision 2 July 2010 rejecting a complaint brought by Vivendi alleging an infringement of Article 102 TFEU by France Télécom on the French broadband and telephone subscription market(s) in relation to an alleged practise of structural discrimination in the tariffs for its wholesale supplies (which favours France Télécom's retail division) and the maintenance of too high a tariff for recurrent access to the local loop. The complaint was rejected by the Commission on the grounds that there was insufficient EU interest in pursuing an investigation of the alleged infringements.

On 16 October 2013, the General Court dismissed in its entirety Vivendi's action for annulment.

This case focuses on the Commission's procedure and discretion for dealing with competition law complaints—in particular, in circumstances where national authorities/sector regulators have monitored and probed the issue(s) in question.

Parties Applicant: Vivendi

Defendant: European Commission

Intervener in support of the defendant: Orange (formerly France Télécom)

Vivendi is