Court dismisses Bouygues’ case against Free Mobile

6 Mar 2019

The Commercial Court of Paris has rejected a lawsuit brought by Bouygues Telecom against rival Free Mobile seeking damages of EUR718.5 million (USD812 million) over ‘misleading commercial practices’ with regards to the 2G/3G roaming agreement between Free and market leader Orange Group, Les Echos writes. Bouygues had argued that Free allegedly reduced the speeds of its services for customers roaming on the Orange network, in order to lower the amount payable to its partner under the terms of their agreement. According to Bouygues, if what it termed as ‘targeted clamping’ had not occurred, Free Mobile ‘should have passed the real roaming costs in the price of its offerings, which would necessarily lead to higher prices’. The court dismissed Bouygues’ case, while also siding with Free regarding its 3G data allowance with a ‘fair use’ policy, considering it as a reasonable practice to manage internet usage. Bouygues Telecom was ordered to pay EUR350,000 to Free for legal fees incurred over the five-year period that the case was in the court.