French sports rights: BeIN Sport wins lower court victory against Canal +
The Nanterre Commercial Court disagreed. The court began by noting that beIN Sport does not occupy a dominant position, and that the provisions on abuse of dominance are therefore inapplicable. The court noted that Canal+ must prove that beIN Sport had committed a "fault" under France's general text on negligent or unfair practices. Noting that some of Canal+'s own retail subscription offers were priced around 10€ per month, the court found that beIN Sport's 11€ retail price was not "abnormally low compared to the market." Moreover, the court found that Canal + cannot presume to know how beIN Sport's offer might evolve in the future, particularly given the fast evolution in the broadcasting sector and the increasing global demand for premium sports events. The court concluded that Canal + had not proven any "fault" committed by beIN Sport, and dismissed Canal +'s claims.
The commercial court is only a first level jurisdiction. Canal + may appeal the decision before the Versailles Court of Appeals, who will hear the decide the case anew.