Canal Plus’ unfair competition action initiated against beIn Sports France has been dismissed by the commercial court of Nanterre.
On June 21, 2013, Société d’Edition de Canal Plus and Société S.A. Groupe Canal (“Canal Plus”) summoned beIn Sports France to appear before the commercial court of Nanterre on the grounds that it committed an act of unfair competition by engaging in an irrational economical behavior based on the sale of the beIn Sports channels at an “abnormally” low price in view of the significant investments it has incurred for the acquisition of the sport events broadcasting rights thereby leading, in their opinion, to a market disruption.
In addition to the cessation of the allegedly disloyal behavior, Canal Plus asked the court to order beIn Sports France to establish a new tariff schedule based on the costs it actually bears and to sentence beIn Sports to pay € 262 M to them as damages.
By judgment dated June 18, 2014, the commercial court of Nanterre dismissed all the claims of Canal Plus, considering that the subscription price offered by beIn Sports France is consistent with market prices; Canal Plus does not provide the evidence that the prices recommended by beIn Sports France for the subscription to its channels are abnormally low, nor that the market entry of this new channel resulted in an increase in the acquisition prices of broadcasting rights forming an obstacle to competition.
The court further specified that the market launch of the new channel has had no impact on the percentage of rights held by Canal Plus in the best venues of Ligue 1, Champion’s League, Top 14 for Rugby and the best foreign football championship.
In this litigation, beIn Sports France was assisted by De Pardieu Brocas Maffei.