Information Following the Ruling of the Paris Court of Appeal, Dated 29/10/2020

In its Decree, dated 29 October 2020, the Paris Court of Appeal just ruled in the OPT-NC’s favor, regarding the injunction pronounced by New Caledonia’s Competition Authority against the Postal and Telecommunication Service, following a complaint from the SCCI.

Indeed, the Court of Appeal:

  • “CANCELS amended ruling n°2020-MC-01, dated 2 July 2020 handed by New Caledonia’s Competition Authority, regarding a request for the implementation of protective measures from the “Société calédonienne de connectivité internationale,” regarding practices implemented by New Caledonia’s Postal and Telecommunications Service in the telecommunication sector in New Caledonia;”
  • DECLARES the injunctions and the incidental preservation measures taken by New Caledonia’s Competition Authority, on the request of the “Société calédonienne de connectivité international,” inadmissible;”
  • ORDERS the “Société calédonienne de connectivité international” to pay 20 000 euros to New Caledonia’s Postal and Telecommunications Service as stipulated by Article 700 of the Code of Civil Procedure;”
  •  ORDERS the “Société calédonienne de connectivité international” to pay the costs of the actions before the Court”.

The Court of Appeal affirms that the Postal and Telecommunications Services Code is the only relevant text when it comes to identifying public services and that it exclusively assigns these missions to the OPT-NC   The Court therefore decided that even if the Code does not explicitly mentions submarine cables, they fall within the scope of public services.

Along with the ruling handed by the Administrative Court of Noumea, on 13/08/2020, this ruling, dated, 29/10/2020 reinforces the legitimacy of the OPT-NC’s legal monopoly on telecommunications.