The court endorsed the tribunal’s view that Orange was acting against the consumer interest in obliging subscribers that wanted to subscribe to the channel to also sign on to its triple-play offer. Rival telecoms operators SFR and Free brought the case against Orange.
The decision means that Orange will continue to suspend its marketing of the new channel until late May or early June, when a final decision is expected from a further court of appeal.
The continuing suspension, according to Orange, is costing it up to 4,500 potential new subscribers a day. Orange Sport at present has about 100,000 subscribers.
The ruling could have a disastrous impact on French football’s top-tier Ligue 1 and pay-television competition generally in the French market.
The Ligue said that without Orange’s entry into the market last year, challenging monopoly operator Canal Plus, it would be €130 million-a-year worse off. Orange Sport is paying €203 million a year for French Ligue 1 rights, €137 million for live Saturday evening matches and the rest for mobile and video-on-demand rights.
Jean-Pierre Louvel, president of Le Havre and of the clubs’ association, the UCPF, expressed concern that the actions of the courts could eliminate Orange from the market for football rights, thereby reducing competition and fees next time the league takes its rights to market.
Several Ligue 1 clubs, that have already expressed their concerned about the lack of visibility and reach of Orange Sport, have also expressed their dissatisfaction over the court decision and the ongoing situation.