Paris, 26 July 2001
The Authority hereby records the decision announced today by the Conseil de la concurrence (French Competition Authority) concerning a submission brought by the Authority on 4 February 2000, related to a tailor-made offer granted by France Télécom to one of its customers.
The regulatory framework allows France Télécom to make offers different from the technical conditions and rates published in its "catalogue" (retail price standard offer), when technically and commercially justified. The Authority, which has to be informed of the conditions of these tailor-made offers by France Télécom before the agreement is concluded, has always ensured that the conditions under which France Télécom proposes such offers do not lead to discriminatory or anti-trust practices. In 1999, the Authority asked the Conseil de la concurrence for a general advice on the problems arising from tailor-made offers. A consultation has also been carried out with the operators in 1999.
Regarding this particular tailor-made offer, the Authority considered that the conditions granted by France Télécom would infringe competition rules and, in particular, imply an abuse of a dominant position. This analysis led it to lodge a complaint with the Conseil de la concurrence, in accordance with Article L 36-10 of the posts and telecommunications code.
By its decision announced today, the Conseil confirmed the Authority's initial assessment, according to which the conditions of this offer would threaten suitable competitive activity.
This decision once again shows the complementary roles of the two institutions, which contribute to set fair and lasting competition in the telecommunications sector.
La décision du Conseil de la Concurrence (pdf - 67 Ko)
Le communiqué de presse du Conseil de la Concurrence : abus de position dominante de France Télécom : 40 millions de FF de sanctions