AlcatelLucent again enters a zone of turbulence But the plot of the episode is secondaryNovartis GSK or other AstraZeneca have doneToday the definition of own funds is not uniform in the UnionA too play on offer is neglected the applicationThe unsuccessful will be many including in the ranks of the French banksFinally the money of the State falls lessSome 33 million viewers were present at the meetingThe alloys domestic production sites are mainly in France and Sweden000 containers equivalent twenty feet against 1In a decision of 8 July 2008, the higher Audiovisual Council has imposed on Metropole television, editor of the television M6 channel society, to provide to the company AB Sat, which distributes the Bis TV bouquet by satellite, a commercial proposal for distribution of the M6 (decisions. No. 2008-523) string. This decision demonstrates and says the new powers of the CSA from article 17-1 of the Act of 30 September 1986 (law n 86-1067) and the Decree of August 29, 2006 (CWC. No. 2006-1084), to resolve disputes between including television channels distributors of bouquets of programs, regardless of their mode of broadcast (cable)(, satellite, wireless terrestrial, DSL, mobile...). The CSA feels so competent directing a television channel delivered under certain conditions, its signal to a Distributor. This case was initiated following the launch by AB Sat, end of 2007, offer "A television", broadcast by satellite and ADSL. Metropolis television had refused to provide an offer of access to programs of channel M6, yet found in competing bouquets to AB Sat (including those of the Group Canal and offers full-service Orange, SFR and Neuf Cegetel, Free providers). It is true that they have no doubt of bargaining power stronger. This program is therefore not in the Bis TV bouquet. The CSA has not followed the arguments of Metropolis television, which relied on the principle of contractual freedom and its intellectual property rights to oppose the resumption of M6 in the mix AB Sat. He considered that the jurisdiction to intervene in the contractual relationships between publishers and distributors of services also allowed "to direct a portion of a commercial proposal that meets the requirements of objectivity, fairness and non-discrimination". Audiovisual regulator was given its attractiveness (general character, hearing performance, rights of retransmission of sporting events), the absence of the channel M6 in the bouquet of the Bis TV offer database to limit its prospects of development and, by way of consequence, "to question the dynamic competitive intermediate market of pay-TV segment." Thus, in refusing to initiate negotiations with AB Sat, while all its competitors have access to the M6 service signal, Metropolis television violated the principle of non-discrimination without objective reason.
Requirements of objectivity
In 2006, Metropolis television was yet committed under the concentration between the companies GST and Canal , to the M6 channel available to third-party distributors. Before the APF, Metropolis television against the fact that this commitment would not be applicable to distributors ADSL. This argument was also rejected by the CSA. If it is not competent to monitor compliance with the commitments made to the Minister of Economics concentration operations referred to in article 430-8 of the Commercial Code, on the other hand has the power to order a Publisher or a distributor of television services of a commercial proposal that meets the requirements of objectivity, fairness and non-discriminationlaid down in article 17-1 of the freedom of communication Act of 30 September 1986. It is difficult to see in this refusal to access another justification that fierce competition between TF1, shareholder of the GroupeAB at 33.5 height, and metropolis television, editor of the M6 channel. Can also be expected in the coming years to see the APF arbitrate disputes between other heavy weight of the sector, Orange and Vivendi, for example, in competition on ADSL, mobile, pay TV, and the very high flow soon. Access to audiovisual content becomes in effect the same as the network access of France Telecom (local loop unbundling, bitstream), a major stake in the sector and a competitive lever for the whole of the incumbent players rights on audiovisual content.
In this context, the CSA has the powers to play a central role in the economic regulation of the audiovisual, at the same time to the Council of competition, with respect to anti-competitive practices.
