Free Bouygues assigned before the Paris commercial court for “misleading commercial practice”.
He believes that the operator bracket flows of its subscribers.
New showdown Bouygues and Free. The first is to attack the second before the Commercial Court of Paris, accusing him of “misleading commercial practice”. A hearing will be held on 18 December. The case concerns the network Free Orange leases under an agreement called “roaming”. Free indeed uses a double network: his own and that of Orange. Allowing it to offer its offers on the entire territory before having completed the construction of its own infrastructure. But Bouygues accuses Free when using the network of the incumbent, to violate a promise to its customers: do not reduce their speed before reaching a consumption of 3 gigabytes.
“It is now established that when Free Mobile uses the Orange network, Free Mobile drastically reduces the flow of customers on certain types of services, even though these latter did not reach the consumption threshold that is attached to them, “ and finds the assignment, including” Les Echos “were aware. In so doing, Free keep under control the invoice that rule to Orange for the use of its network as a subscriber more Free download data plus the amount donated by Free Orange is important. In total, Free pays between 500 and 700 million euros annually to Orange to use its network.
“targeted Bridle”
Bouygues, which is based on several studies conducted by the UFC-Que Choisir The Directique cabinet and 4Gmark says in its complaint that Free practice a “targeted bridle” of the Orange roaming network. It would primarily on the flow of subscribers who consume the most, those who download videos for example. A very long wait time would be inflicted on the consumer, in order to discourage him to continue downloads.
Based on an Directique study, a video download time is thus more than twelve hours the Orange Free network roaming, then it is only Free 7 seconds on the network of own … Free would do this since late 2012. The UFC-Que Choisir had already noted the “restrictions in the use of the Orange network,” and without blame anyone had called regulatory authorities and judicial authorities to respond.
According Bouygues, “if the clamp had not occurred, Free Mobile should pass the real roaming costs in the price of its offers, which would necessarily lead to propose higher prices, “ says the subpoena. The result, Bouygues, a “margin loss” , which according to him should be compensated. The operator, which calls for the immediate cessation of any clamping, puts the damage at 100 million, at least. Only the commercial court is entitled to say whether or not the Free and practices have proven criminal.
Fabienne Schmitt, Les Echos
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