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Last November, Apple and Orange announced they were giving exclusives to that bound on the sale of the iPhone and future versions. This exclusivity was signed for 3 years, but it was retoquée by the Competition Council in December 2008. However criminal procedure was not completed, and the Courts of Cassation has asked an appellate review.
This case may seem confusing and not understandable by ordinary mortals. Here's a quick summary of the case.

Orange and Apple signed an exclusive agreement on the disribution of iPhones in France. This exclusive, signed for 3 years, allowed Orange to sell iPhone and its future versions exclusively. Other operators (Bouygues Telecom and SFR) did not intend it that way, and brought the affeire before the Competition Council (also named at the time). The latter had decided to contribute in line with the complainants and had broken the exclusivity in December 2008.

In February 2009, the Court of Appeal of Paris upheld that decision. Bouygues and SFR could then sell the iPhone with their own packages. This they did in April of that year.

The iPhone 3 GS has also benefited from the ruling and could be distributed a few days apart from all operators.

The Competition Council, now the Competition Authority, has continued his education on the merits of the case and waiting for commitments from Apple and Orange exclusivity binders. Last November, the two companies have decided to waive this exclusivity. Apple is committed "not to consent to mobile operators French, and not to implement any manner whatsoever with these operators, exclusive operator or wholesaler for distribution on the French territory current models and future of iPhone, with the exception of exclusives on future models of iPhone and whose term would not exceed three months "while Orange is committed" not to claim of exclusive "operator" and / or "wholesaler" on current models of the iPhone "and" not to include in the contracts that were signed with Apple to market with future iPhone models (...) an exclusive "operator "and / or" wholesaler "for a period exceeding three months" and regulate contracts between operators and between Apple and Orange and distributors (The Phone House, Darty, FNAC ,...).

However, Orange had upheld his appeal against this decision.

January 12, 2010, the Competition Authority decided to close its file on this exclusive, saying that the proposals made by Apple and Orange were acceptable.

The Courts of Appeals handed down its verdict today, and quashed the appeal and requested a review of the current folder of Appeals. If the appeal is in favor of Apple and Orange, the decision will have no immediate impact on sales of iPhone exclusive, since both companies have decided to waive this exclusivity.

It remains to know the outcome of the Appeal, and know what the reactions of Apple and Orange in the event of decision in their favor ...



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