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On August 28th 2001, the antitrust commission (Conseil de la concurrence) opened an investigation on the market of mobile network operators in France. On May 14th 2004, a report made by the consumer protection agency of the ministry of economy and finance (DGCCRF) was transmitted to the antitrust commission. On August 24th 2005, an article in the French weekly Canard Enchaine revealed some information contained in the report.
On November 30th 2005, the antitrust commission condemned the mobile network operator Bouygues Telecom to a fine of €58 millions (decision 05-D-65) for violations of article L.420-1 of the code of commerce. On December 12th 2006, the appeal court of Paris rejected the appeal of Bouygues Telecom (decision 2006/00048) after receiving briefs from the ministry of economy and finance and the antitrust commission. On June 29th 2007, the appeal of Bouygues Telecom to the supreme court (Cour de cassation) failed (case 07-10303).
On December 20th 2007, Bouygues Telecom filed an application with the ECHR arguing that the lack of public hearing before the antitrust commission gave its decision, the submission of briefs by the ministry of economy and finance, and the antitrust commission during the appeal trial were violations of article 6-1 of the Convention. The applicant added that the leaking of the report to the press was a violation of article 6-2. On January 17th 2012, the application was communicated to the agent of the French Republic with questions to be answered within 16 weeks. The applicant is represented by Me Alain Benabent (Paris).