Arrêts (Information) nº T-432/10 of Tribunal de Première Instance des Communautés Européennes, October 16, 2013
Resolution Date | October 16, 2013 |
Issuing Organization | Tribunal de Première Instance des Communautés Européennes |
Decision Number | T-432/10 |
Arrêt du Tribunal (troisième chambre) du 16 octobre 2013 – Vivendi/Commission (affaire T‑432/10)
Concurrence – Abus de position dominante – Marché français du haut débit et de l’abonnement téléphonique – Décision de rejet d’une plainte – Défaut d’intérêt communautaire – Importance de l’infraction alléguée pour le fonctionnement du marché intérieur – Probabilité de pouvoir établir l’existence de l’infraction alléguée
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Concurrence – Procédure administrative – Examen des plaintes – Prise en compte de l’intérêt communautaire attaché à l’instruction d’une affaire – Critères d’appréciation – Pouvoir d’appréciation de la Commission – Obligation de motivation de la décision de classement – Contrôle juridictionnel (Art. 101 TFUE, 102 TFUE, 105, § 1, TFUE et 296 TFUE ; règlement de la Commission nº 773/2004, art. 7, § 1) (cf. points 22-25, 27, 28, 33, 39, 68, 104-107, 126, 127)
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Concurrence – Répartition des compétences entre la Commission et les autorités nationales de concurrence – Droit de la Commission de prendre en compte sa propre surveillance exercée dans le cadre d’une autre procédure et les mesures entreprises par les autorités nationales (Art. 101 TFUE et 102 TFUE ; règlement du Conseil nº 1/2003, art. 4 et 5) (cf. points 26, 44-47, 62, 76)
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Recours en annulation – Décision de la Commission nécessitant une appréciation économique complexe – Contrôle juridictionnel – Limites (Art. 101 TFUE, 102 TFUE et...
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