The Conseil d’Etat upholds entirely the regulation introduced by ARCEP in the wholesale DTT broadcasting market for 2012-2015

Paris, 11 June 2014

Through a decision dated 11 June 2014, France’s highest administrative court, the Conseil d’Etat, has rejected three appeals filed by two broadcasters, TDF and Towercast, and one multiplex (MR5) against the ARCEP decision on wholesale DTT (digital terrestrial TV) broadcasting market regulation for 2012 to 2015.

In particular, the Conseil d’Etat confirms ARCEP’s ability to impose ex ante regulation in these markets in response to “obstacles to the development of effective competition that arise,” and validates the technical and pricing remedies imposed on the market’s SMP operator which, in this instance, is TDF.

ARCEP welcomes this decision which recognises the legitimacy of the market regulation that has been in place since 2006.

The Conseil d’Etat decision can be downloaded on our website