Relaxing whilst doing Competition Law is not an Oxymoron

Archive for September 27th, 2010

A somewhat original objective justification

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In reading a French Phd dissertation, I just found a strange case, which dates back to 2005 and was decided by the French NCA.

The facts: a cistercian congregation located on the Island of St Honorat owned a monopoly over maritime transport services between the continent and the island. The congregation had apparently refused to authorize third parties to provide additional transport services, thereby stiffling competition. The French NCA dismissed allegations of unlawful abuse. It found that the limitation of tourists was justified by the necessity to preserve the quietness of the monks.  See Cons. Conc. 8 novembre 2005, n° 05-D-60, relative à des pratiques mises en oeuvre par la congrégation cistercienne de l’Immaculée Conception, la société Planaria, l’État et la commune de Cannes.

(Image possibly subject to copyrights: source here)

Written by Nicolas Petit

27 September 2010 at 11:40 pm

Posted in Case-Law