Judgment of the General Court of 16 October 2013 – Vivendi v Commission

(Case T-432/10) ¹

(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

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:

Dismisses the application;

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

Orders Orange to bear its own costs.

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¹ OJ C 317, 20.11.2010.