Telecom & Access to facilities

Anticompetitive practices

The Romanian Competition Authority publishes guidelines on mobile communication network sharing agreements
European Commission (Brussels)
Romania: Guidelines on Mobile Communication Network Sharing Agreements published* In June 2014, the Romanian Competition Council (RCC) released the ‘Guidelines for the interpretation and application of article 5(2) of the Competition Law no. 21/1996 republished, as subsequently amended, on (...)

The Australian Competition and Consumer Commission accepts the amended undertaking lodged by the national broadband network owner (NBN)
Australian Competition and Consumer Commission
ACCC accepts NBN Co Special Access Undertaking* The Australian Competition and Consumer Commission has accepted the varied Special Access Undertaking (SAU) lodged by NBN Co on 19 November 2013. The varied SAU incorporates all of the changes in the ACCC’s notice to vary and replaces the (...)

The New Zealand Commerce Commission issues a warning against previously used contractual clauses in relation to telecommunications retail service providers (Sky)
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Commerce Commission issues warning to Sky* The Commerce Commission has issued Sky Network Television Ltd (Sky) with a warning that it believes certain provisions in Sky’s contracts with telecommunications retail service providers (...)

The Danish Competition Council accepts commitments in relation to a Radio Access Network sharing agreement between two telecom operators (Telia/Telenor)
Danish Competition and Consumer Authority (Copenhagen)
On 29 February 2012, the Danish Competition Council accepted commitments offered by two Nordic telecom operators in connection with a notification of an agreement by which the two telecom operators combined their respective Radio Access Network in a joint venture. Background Telia Sonera AB (...)

The Danish Competition Council decides that it has no grounds for action concerning a horizontal production agreement between mobile operators (Telia Denmark, Telenor)
European Commission (Brussels)
Denmark: Network Sharing Agreement in Danish Mobile Telecommunications Sector* On 29 February 2012, the Danish Competition Council (DCC) decided that it had no grounds for action in a case concerning a horizontal production agreement between the mobile operators Telia Denmark and Telenor A/S. (...)

The UK OFCOM decides not to launch a full investigation on a venture aimed to design common technical specifications for the provision of web-based content to consumers’ television sets (Project Canvas - YouView)
Central Bank of Ireland
On 19 October 2010, the UK communications regulator, Ofcom, announced that it would not initiate a full investigation under the Competition Act into the Project Canvas/YouView venture. Virgin Media and IPVision had submitted complaints to Ofcom under the Competition Act. Also, Ofcom received (...)

The German Competition Authority informs that there were no competition concerns regarding a cooperation between housing companies and a telecom company (KDG / Deutsche Telekom)
German Competition Authority (Bonn)
No concerns regarding close cooperation in the broadband cable sector* The Bundeskartellamt has no concerns regarding a close cooperation between Kabel Deutschland GmbH (KDG, a subsidiary of Deutsche Telekom AG in charge of the broadband cable business) and housing companies. According to a (...)

Dominance

The EU Parliament passes a resolution calling on the Commission to unbundle search engines from other commercial services (Google)
Stanford University - Stanford Law School
EU Parliament passes resolution calling on the Commission to unbundle [Google’s] search engines from other commercial services* On 27 November 2014 the European Parliament has passed a non-binding resolution, which called on the Commission to “properly enforce the EU competition rules in order (...)

The European Commission hits telecoms with fines of 70 millions euros for abusing the Slovak broadband market (Slovak Telecom)
Constantine Cannon (London)
European Commission Hits Telecoms With Fines Of 70 Million Euros For Abusing Slovak Broadband Market* Co-written by Yulia Tosheva. The European Commission has signalled that it is not dialing down its scrutiny of the telecommunications sector by imposing fines totalling 70 million euros on (...)

The Tokyo District Court denies a claim of abuse of dominance in the optical fiber data service market (SB/ NTT)
McDermott Will & Emery (Brussels)
,
Anderson Mori & Tomotsune (Tokyo)
,
Anderson Mori & Tomotsune (Tokyo)
I. Introduction On 19 June 2014, the Tokyo District Court (“Court”) denied SB’s challenge that NTT (i) abused its superior bargaining position or (ii) engaged in unjust refusal, by bundling optical fibre data services and only allowing SB to lease fibre circuits in a bundle of eight . The Court (...)

The Lazio Administrative Court upholds a fine of €103.8 million for abuse of dominant position in the telecom sector (Telecom Italia)
Van Bael & Bellis (Brussels)
On 8 May 2014, the Lazio Administrative Court (LAC) handed down its judgment upholding the decision of the Italian Competition Authority (ICA) of 9 May 2013, which had imposed a fine of approximately €103.8 million on Telecom Italia for abuse of a dominant position on the Italian (...)

The Competition Authority of Bosnia and Herzegovina following a repeated investigation prosecutes the incumbent telecom operator for obstructing access to its network (BH Telecom)
University of Technology (Tallinn)
On 6 February 2014 the Competition Authority of Bosnia and Herzegovina (KV) in a repeated investigation has established an abuse of dominant position committed by the incumbent telecom operator BH Telecom d.d. The KV has sanctioned the dominant operator for delaying the execution of (...)

The Paris court of appeal upholds the competition authority’s decision holding that direct access to telecom company subscribers is not an essential facility (Cogent Communications / France Télécom)
Herbert Smith Freehills (Paris)
Introduction At a time when cloud computing is changing the face of the Internet, the decision of the Paris Court of Appeal acts as a reminder that the Internet is primarily a matter of physical wires. In December 2013, the Court ruled on an appeal of a French competition authority (ADLC) (...)

The Turkish Competition Authority rules that leading GSM operator abused its dominant position in the GSM services used in vehicle tracking services by complicating its competitors’ activities via exclusive practices (Turkcell)
Turkish Competition Authority
Leading GSM operator Turkcell fined TL 40 million for abuse of dominance as Council of State annulled the previous decision* According to the Turkish Competition Authority’s (TCA) press release, Turkcell, the leading GSM operator in Turkey, was fined approximately TL 40 million (USD 20 (...)

The Danish Competition Council accepts commitments from domestic telecom company referring to margin squeeze practices (TDC)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council Accepts Commitments from Denmark’s Largest Broadband Provider* On 18 December 2013 the Danish Competition Council accepted commitments from the Danish telecom-incumbent TDC A/S on the basis of concerns that TDC A/S had potentially abused its dominant position on (...)

The Court of Bosnia and Herzegovina quashes the no-infringement of the Competition Authority for the failure to conduct an efficient investigation (Telekomunikacije)
University of Technology (Tallinn)
On 12 October 2011 the Competition Authority of Bosnia and Herzegovina (KV) closed its investigation into the alleged abuse of dominant position on the part of the incumbent telecom operator Telekomunikacije RS a.d. The KV‘s investigation was prompted by a complaint lodged by an independent (...)

The French Competition Authority closes a case after plaintiff withdrawed its complaint relating to access to infrastructure facilities in the telecom sector (Free / Orange)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Orange and Free have ended a dispute brought before the Autorité de la concurrence relating to conditions for access to the incumbent operator’s civil engineering infrastructure. The agreement entered into by (...)

Margin squeeze: The French Competition Authority identifies two potential abuses on the wholesale market for mobile telephony (MVNO)
Université Catholique de Louvain
(voir également, chronique “Régulation”, ce numéro) Dans le cadre d’une procédure d’avis, l’Autorité de la concurrence ne statue sur aucun cas particulier. Dès lors, aucun abus n’est en cause. En revanche, on peut noter les préoccupations générales de l’Autorité concernant les relations contractuelles (...)

The Cypriot Commission for the Protection of Competition imposes fines on the national vertically integrated communications provider as a result of charging high prices regarding the supply of international capacity through the SMW-3 submarine fiber optic cable system (Primetel/CYTA)
Commission for the Protection of Competition of the Republic of Cyprus
The Commission for the Protection of Competition (CPC) decided to impose a fine on Cyprus Telecommunications Authority (CYTA) amounting to €295.277,00 regarding the infringement of section 6 (1) (a) of the Protection of Competition Law (L. 13(I)/2008) in relation to the examination of a (...)

The EU Commission announces the finalization of preliminary investigation into E5 concerning the standardization process for future mobile communications services and the likelihood of competition foreclosure
DLA Piper Weiss-Tessbach (Vienna)
European Commission closes preliminary investigation into E5* On 7 March 2013 the European Commission announced that it had closed its preliminary investigation into E5, i.e. Europe’s five leading telecom operators (Deutsche Telekom, France Telecom, Telefonica, Vodafone and Telecom Italia), (...)

The Italian Council of State rules on the issue of dominant firms’ duty to supply essential information beyond the requirements of sector regulation (BCS)
University of Naples "Federico II"
Italy’s highest administrative court handed down an important ruling on the issue of the dominant firms’ duty under Article 102 TFEU to grant their competitors access to essential information when sector regulation encourages such a disclosure. By its judgment of 11 January 2013, no. 548 (the (...)

The French Competition Authority imposes fines on two companies for implementing anticompetitive practices in the mobile telephony sector (Orange and SFR)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. The Autorité de la concurrence fines Orange and SFR a total of €183 million for implementing anticompetitive practices in the mobile telephony sector. Orange and SFR marketed offerings, mainly between 2005 and (...)

The French Competition Authority issues a first commitment decision concerning competition concerns in the Internet connectivity market (France Telecom, Cogent)
European Commission (Brussels)
France: First Commitment Decision related to Internet Neutrality issued by the Autorité de la concurrence* On 20 September 2012, the Autorité de la concurrence (the Autorité) issued for the first time a commitment decision concerning competition concerns relating to certain restrictions allegedly (...)

The Romanian Competition Council closes an investigation in relation to an alleged abuse of dominant position on the Romanian telecom sector (Romtelecom and Netmaster)
Kinstellar (Bucarest)
,
OMV Petrom
The interest of the Romanian Competition Council (the “Competition Council”) in the telecommunications sector has increased significantly in recent years with several investigations being finalised or due to be finalised in the recent period. As publicly stated by the President of the Competition (...)

The Brussels Court of Appeal asks the EU Commission its opinion on the application of EU competition law regarding an alleged abuse of dominance in the IT sector (Kapitol / Magyar Telekom)
Liège University - IEJE
I. Facts Kapitol is a Belgian company. It offers European phonebooks services to its Belgian clients: they are available on both CD and DVD. In order to increase its offer, Kapitol wishes to have access to Magyar Telekom’s database in order to publish a Hungarian phonebook. Magyar Telekom is (...)

The Spanish Competition Authority fines a distributor of of digital terrestrial television for margin squeeze (Abertis Telecom)
European Commission (Brussels)
Spain: The Comisión Nacional de la Competencia (CNC) fines Abertis Telecom S.A.U. for Margin Squeeze* On 8 February 2012, the CNC Council adopted a decision according to which ABERTIS TELECOM S.A.U. (Abertis) infringed Article 2 of the Spanish Competition Act and Article 102 TFEU by hindering (...)

The Romanian Competition Authority finds no anti-competitive practices on the market for access to the network infrastructure (Utility poles)
University of Technology (Tallinn)
On 7 October 2011 the Romanian Competition Authority (CC) completed its investigation into the alleged anti-competitive practices on the market for access rights to the utility poles, which were used by the telecom operators for supporting their cable TV, Internet and fixed telephony networks. (...)

The Bulgarian Supreme Administrative Court upholds the Competition Authority’s decision finding no infringement of Art. 102 TFEU in a case involving concurrent application of competition rules and communications regulation (BTC Cable Ducts)
University Paris Dauphine
I. Introduction 1. Almost three months before the ECJ held its decision upon a preliminary reference in Tele2 Polska, a five-judge panel of the Bulgarian Supreme Administrative Court (’SAC5’), in a judgment of 15 February 2011 , reached an opposite conclusion, approving the NCA’s power to find no (...)

The Lisbon Court of Appeals acquits Portuguese telecommunications incumbent (PT Comunicações)
Luís Silva Morais & Associados
On the 22nd of December 2010 the Lisbon Court of Appeals (‘Tribunal da Relação de Lisboa’) has confirmed the previous judgement of the Lisbon Commercial Court that had acquitted PT Comunicações (hereinafter ‘PTC‘) - of the Portugal Telecom Group - from a fine of € 38 M levied by the Portuguese (...)

The Athens Administrative Court of Appeals upholds the concurrent application of Art. 102 TFEU and sector-specific regulation to practices of the incumbent operator in the local loop access market (Hellenic Telecommunications Organization)
Ofcom
Please note that the above mentioned date for this case is not the actual date of the decision but the date of the case summary as the decision itself does not mention the relevant date. The key reference is n° 560/2010 Background of the dispute The National Telecommunications Authority of (...)

The Bosnian & Herzegovinan Competition Authority closes the investigation into the alleged margin squeeze practices of the incumbent telecom operator (BH Telecom)
University of Technology (Tallinn)
On 4 November 2010 the Competition Authority of Bosnia & Herzegovina (KV) closed its investigation into the alleged abuse of dominant position on the part of the incumbent telecom operator BH Telecom. The KV‘s investigation was prompted by a complaint lodged by an independent telecom (...)

The Belgium Competition Council dismisses a complaint against the incumbent telecoms operator regarding the access to its broadband network (Mobistar / Belgacom)
Philippe & Partners (Brussels)
,
Arendt & Medernach (Luxembourg)
I. The parties Belgacom S.A. is the incumbent operator on the Belgian telecom market. It controls the landline, physical telecommunication network infrastructures and provides internet and telephony services. Mobistar S.A. is a member of the Orange Group, subsidiary of France Telecom. It (...)

The Italian Competition Authority initiates a new investigation against the national incumbent telecom operator to assess whether it abused of its dominance position on the telephone and broadband network sector (Wind Fastweb / Telecom Italia conduct)
Bonelli Erede Pappalardo (Rome)
On 24 June 2010, the Italian Competition Authority (the “ICA”) decided to initiate new proceedings against Telecom Italia to assess whether the incumbent operator had abused its dominant position in the voice communications and broadband internet access services markets, with the aim of excluding (...)

The French Competition Authority rejects the request for interim measures to address competition concerns on the terrestrial hertzian broadcasting of television programmes by digital signal (Itas Tim / TDF)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence does not declare emergency measures against TDF but continues the investigation on the merits regarding the complaint by Itas Tim.* The company Itas Tim had referred to the (...)

The Lisbon Court of Commerce acquits the telecommunications incumbent and the NCA appeals to the Lisbon Appeals Court in a case dealing with the essential infrastructures doctrine (PT Comunicações Conduit Network)
Luís Silva Morais & Associados
Two major and striking developments occurred in the course of March 2010 in Portugal as regards the enforcement of competition Law. On the one hand, on the 2nd of March the Lisbon Commercial Court has ruled on the so called “PTC Conduit Network Case”, which referred to a Portuguese Competition (...)

The Competition Authority of Bosnia & Herzegovina initiates an investigation into potential margin squeeze practices of the incumbent telecom operators (BH Telecom / Telekomunikacije Republike Srpske)
University of Technology (Tallinn)
On 16 February 2010 the Competition Authority of Bosnia & Herzegovina (KV) opened an investigation into the potential margin squeeze practices applied by the incumbent telecom operators BH Telecom and Telekom RS. The investigation was prompted by the complaint submitted by the independent (...)

The Cypriot Competition Commission fines telecommunications incumbent for refusing access to essential facility (Cyprus Telecommunications Authority)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
In a published decision of 12 January 2010, the Cypriot Commission for the Protection of Competition (“CPC”) concluded that the Cyprus Telecommunications Authority (“CYTA”) abused its dominant position in the premium SMS (short messaging services of added value) market in breach of the applicable (...)

The Italian Competition Authority starts investigation against the main IT operator for abuse of dominance on the online collecting advertisement market (Google Italy)
Codacons
Google Italy is an Italian company belonging to the US Google Group INC. It is active world-wide and it is the most popular engine search. Among others, Google provides also "Google News" and it gains the majority of its turnover from the collection and intermediation of advertisement on line . (...)

The French Competition Authority holds again that the main telecom operator had exploited its dominant position (France Télécom)
Vogel & Vogel
The companies Outremer and Moebius had accused France Télécom of having abusively exploited its dominant position resulting from its former legal monopoly in order to slow down the development of alternative operators on the landline and Internet access markets in Martinique, Guadeloupe, Guyana (...)

The Belgian Competition Council fines a mobile operator due to price squeeze practices (Proximus)
Altius (Brussels)
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Altius (Brussels)
In the telecommunications sector, recent years have seen an important increase of cases concerning abuse of dominant position brought before either the European Commission or the national competition authorities. In this respect, one of the recurrent issues in these cases is the so-called (...)

The Belgian Competition Council finds the historical telecom operator guilty of margin squeeze and imposes a fine of €66,3 million (Belgacom)
Liège University - IEJE
,
Liedekerke Wolters Waelbroeck Kirkpatrick (Brussels)
The Belgian competition Council finds Belgacom guilty of margin squeeze and imposes a fine of €66,3 million. I. The Parties Belgacom S.A. is the historical operator on the Belgian telecom market and provides mobile telecom services through its 100% subsidiary Belgacom Mobile Belgium (“BMB” - (...)

The Latvian Supreme Court uppholds the Competition Council’s decision on abuse of dominance in the telecommunication sector (Lattelecom)
Competition Council of Latvia
Supreme Court Upholds the Decision on Abuse of Dominant Position by Telecommunication Company* With the decision of 5 May 2009 the Senator Collegium of the Department of Administrative Cases of the Senate of the Supreme Court has dismissed legal proceedings concerning the 17 July 2002 decision (...)

The French Competition Authority accepts the commitments made by the telecommunications incumbent to address competitions concerns about the marketing of its wholesale broadband offers (Mediaserv / France Télécom)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Marketing of wholesale broadband offers: France Télécom makes commitments before the Autorité de la concurrence, designed to improve the quality of services provided to third-party operators in France’s overseas (...)

The US Supreme Court affirms that when a regulatory structure aiming to deter and remedy anti­-competitive harm prevails, the costs of antitrust enforcement are likely to be greater than the benefits (Pacific Bell Telephone / Linkline Communications)
Sheppard Mullin (Los Angeles)
Supreme Court Restricts “Price-Squeeze” Claims Under Section 2 of the Sherman Act to Situations Where the Defendant has an Antitrust Duty to Deal* In Pacific Bell Telephone Co. v. Linkline Communications Inc., 2009 U.S. Lexis 1635, 555 U.S. ______ (February 25, 2009) ("Linkline"), the U.S. (...)

The Cypriot Commission for the Protection of Competition holds the telecommunications to have abused its dominant position in the SMS market (Thunderworx / Cyprus Telecommunications Authority)
Antoniou Advocates
By its decision 132/2008 ("the Decision") and acting on the basis of an official complaint submitted by Thunderworx Ltd ("Thunderworx") against the Cyprus Telecommunications Authority ("CYTA"), the Cyprus Commission for the Protection of Competition ("CPC") found the latter party to have (...)

The Lazio Regional Administrative Tribunal upholds a Competition Authority’s decision finding that mobile phone operators do not hold a collective dominant position in the market for access to mobile phone network (Eutelia)
Latham & Watkins (Brussels)
Introduction The Regional Administrative Tribunal of Latium, Rome office, First Chamber (“TAR Latium”) by a judgment of 31 December 2008, has upheld a decision of the Italian Antitrust Authority (“IAA”) finding that the Mobile Network Operators (“MNOs”) TIM, Vodafone and Wind do not hold a (...)

The French Competition Authority accepts commitments from the incumbent operator in the sector of engineering, consultancy and certification of telecommunication facilities in a case of alleged abuse of dominant position (Solutel / France Télécom)
Dechert (Paris)
,
Herbert Smith Freehills (Paris)
In a decision of 7 October 2008, the French Competition Council (the "Council") accepted commitments submitted by France Telecom regarding an alleged abuse of its dominant position in the sector of engineering, consultancy and certification of private telecommunications facilities pursuant to (...)

The Macedonian Administrative Court confirms the Competition Authority’s decision prosecuting the incumbent telecom operator for refusing access to its network by independent Internet providers (Macedonian Telecom)
University of Technology (Tallinn)
Summary The Macedonian Administrative Court affirmed the decision of the Macedonian Competition Authority prosecuting the incumbent telecom operator for abuse of dominant position manifested in denial of access to its own ADSL network by independent internet providers, while the same (...)

The French Competition Council refuses to impose interim measures to facilitate the roll out of fiber to the home networks in France (Free / France Telecom)
Magenta (Paris)
On July 2nd, 2007, Free filed a complaint against France Telecom before the French Competition Council in order to have access to the incumbent’s ducts to roll out its optical local loops for residential customers. This complaint took place in a context where the main French residential (...)

The French Competition Authority rejects a claim for interim measures regarding access to the incumbent’s civil engineering infrastructure for rolling-out fiber (Free / France Télécom)
Compass Lexecon (Paris)
,
RBB Economics (Paris)
Presentation Context of the claim 1. On 12 February 2008, the French Competition Council (hereafter the “Council”) has rejected Free’s claim for interim measures regarding the conditions of access to civil engineering facilities of France Télécom (hereafter “FT”), in the context of the development (...)

The Bulgarian Supreme Administrative Court upholds the Competition Authority’s decision sanctioning the telecom incumbent for exerting margin squeeze on its competitors in the markets for fixed telephone services (BTC / CPC)
Kinstellar (Sofia)
On 9 January 2008, the Supreme Administrative Court (the “SAC”) handed down a final judgment. in a dispute between the local telecom incumbent - Bulgarian Telecommunication Company AD (“BTC”) and the Bulgarian Commission for Protection of Competition (the “CPC”) concerning an alleged margin squeeze (...)

The Brussels Court of Appeal annuls the interim decision of the President of the Competition Council on the telecom incumbent’s bundled tariffs (Belgacom)
Oracle (Brussels)
Background information Belgacom used to be the autonomous public-sector company that ruled the government monopoly in telecommunications. This was the case until 1994, when the company changed into a “société anonyme”, and the liberalization of the telecom sector was initiated (which was fully (...)

The Lithuanian Competition Council condemns unfair pricing on telecommunications infrastructures (Vilniaus Energija)
Lithuanian Competition Council
On 13 September 2007 the Lithuanian Competition Council adopted an infringement decision finding UAB Vilniaus Energija (VE) in breach of Article 9 of the Law on Competition (equivalent to Article 82 of the EC Treaty) for imposing unfair prices in a number of local markets for the lease of (...)

The Lisbon Court of Commerce quashes the Competition Authority’s first ever abuse of dominant position infringement decision in the underground ducts’ telecom network access case, upheld on appeal (PT Comunicações)
European Court of Justice (Luxembourg)
I. The case, the PCA’s decision and the judgments After receiving complaints from telecom undertakings “TvTel Comunicações” and “Cabovisão”, the Portuguese Competition Authority (hereinafter “PCA”) launched an investigation in 2003 into the allegations that Portugal Telecom Comunicações (hereinafter (...)

The UK High Court grants an interim order requiring a dominant telephone operator to engage in conduct which will enable the complainant to launch a new mobile telephony service (Software Cellular Network / T-Mobile)
King’s College (London)
Introduction and Background to the Claim In Software Cellular Network Limited v. T-Mobile (UK) Limited, the High Court, found that the applicant, which trades as Truphone, had made out an arguable case that the respondent, T-Mobile, had violated section 18 of the Competition Act 1998 (modelled (...)

The UK High Court of Justice (Chancery Division) holds "serious and arguable” a request for interim measures based on alleged abuse of dominant position on the VoIP mobile telephone service market (Software Cellular Network / T-Mobile)
Pinsent Masons (London)
This case involved an interim application from Software Cellular Network Limited (trading under the name Truphone (“Truphone”) to the High Court of England and Wales on 11 July 2007. Truphone sought an injunction against T-Mobile (UK) Limited (“T-Mobile”) requiring it to activate Truphone (...)

The French Competition Authority orders interim measures aiming at ending the eviction practices of the French incumbent on the market of engineering, consultancy and checking of private telephone installations (Solutel / France Télécom)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence orders France Télécom to end its eviction practices on the market of engineering, consultancy and checking of private telephone installations.* Following a referral of November (...)

The Italian Competition Authority accepts commitments in the mobile telephony market closing its investigation against the three mobile network operators under Art. 81 and 82 EC (Tele2 / Vodafone / TIM / Wind)
The Italian Competition Authority (AGCM) continues to use its new powers to issue commitments decisions. Similarly to article 9 of Council Regulation (EC) n° 1/2003, of 16 December 2002, on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJEC L 1, 4 (...)

The Cyprus Competition Authority fines the incumbent telecom provider € 38,000 for refusing to provide access to its SMS centre (CYTA/Golden Telemedia)
International Transport Forum
On December 19th, 2006 the Cyprus Commission for the Protection of Competition (C.P.C.) found the Cyprus Telecom Authority (CYTA), the incumbent telecom provider, liable for abusing its monopoly position in the upstream market for provision of access facilities necessary for value-added service (...)

The Cyprus Competition Authority fines the incumbent telecom provider € 38,000 for refusing to provide access to its SMS centre (CYTA / Golden Telemedia)
International Transport Forum
On December 19th, 2006 the Cyprus Commission for the Protection of Competition (C.P.C.) found the Cyprus Telecom Authority (CYTA), the incumbent telecom provider, liable for abusing its monopoly position in the upstream market for provision of access facilities necessary for value-added service (...)

The Spanish telecommunications regulator fines the incumbent € 20 M for abuse related to access to the subscriber loop but raises questions on its relationship with Spanish Competition Authority regarding competition law enforcement (Telefónica)
Callol, Coca & Asociados
,
Callol, Coca & Asociados
On the 16 November 2006, the Spanish telecommunications regulator ("Comisión del Mercado de las Telecomunicaciones", CMT) fined the incumbent Telefónica € 20 M for failing to comply with the conditions for access to the subscriber loop applying to third party operators in connection with the (...)

The Lithuanian Competition Authority fines the former telecom incumbent for margin squeeze limiting access to ADSL broadband internet access service (Teo)
Lithuanian Competition Council
On 5 October 2006 the Lithuanian Competition Council (CC) issued a decision establishing a fine of LTL 3,011,000 (approx. EUR 872,046) on TEO LT, AB (TEO) for the abuse of a dominant position prohibited by Article 9 of the Law on Competition. This was the third time that TEO, a former telecom (...)

The UK Competition Appeal Tribunal dismisses an appeal against an OFCOM decision which found that a telecom operator had not infringed Art. 82 EC nor Chapt. II prohibition of the UK Competition Act by disconnecting access to SIM cards (Vodafone / Floe Telecom)
Hogan Lovells
Background On 31 August 2006, the Competition Appeal Tribunal (the “Tribunal”) dismissed an appeal by Floe Telecom Limited (in administration) (“Floe”) against a decision of the Office of Communications (“OFCOM”) dated 28 June 2005 that Vodafone Limited (“Vodafone”) had not infringed section 18 (the (...)

The German Federal Court interprets cost-based access obligations in a restrictive way by limiting the price-cap imposed by the regulator for telephone directory data to raw information (Deutsche Telekom)
European Commission - DG COMP (Brussels)
Background According to German telecommunications law, companies providing telephone services to the public are obliged to provide subscriber information to any third party whishing to operate a directory. The price charged for the information should reflect the cost of its efficient provision (...)

The Czech Competition Authority states that the simultaneous announcement of new business terms on an upstream wholesale market and a downstream retail market amounts to an abuse of dominant position on the upstream market (Ceský Telecom - ADSL)
Government of the Czech Republic
,
European Court of Justice (Luxembourg)
By a decision on appeal rendered on 17 March, 2006, the President of the Czech Office for the Protection of Competition has confirmed a first instance decision according to which Ceský Telecom, a.s. (“CTc”), the incumbent Czech telecommunications operator, had abused of its dominant position on (...)

The Danish Competition Appeal Tribunal annuls the Competition Authority’s decision condemning the telecommunications incument for abuse of dominance through margin squeeze (TDC)
Danish Competition and Consumer Authority (Copenhagen)
On 10 February 2006, the Danish Competition Appeal Tribunal (“D-CAT”) partially annulled a decision by the Danish Competition Council (“DCC”) condemning the Danish incumbent telecommunications operator, TDC, for abusing its dominant position under section 11(1) of the Danish Competition Act by (i) (...)

The Slovak Council of the Competition authority imposes significant fine for repeated abuse of dominant position by not granting access to essential facilities (Slovak Telecom)
Havel, Holasek & Partners (Brno)
I. Relevant facts In the following decision, the Slovak Antimonopoly Office (Office) concluded that Slovak Telecom (ST) abused its dominant position by not granting access to the essential facility of a local network. The office forbid the infringement and imposed a fine in the amount of SKK (...)

The Slovak Competition Authority fines telecommunications company for margin squeezing in virtual private network market (Slovak Telecom)
Norton Rose Fulbright (London)
,
Rentsch Legal
Slovak Telecom (“ST”) was fined SKK 80,000,000 for margin squeezing in the Virtual Private Network services (VPN) market due to its dominant position in the upstream leased private lines market in which it had no competitors. The decision was based on ST’s practice in one particular tender for VPN (...)

The French Competition Authority imposes an unprecedented € 80 M fine to the telecommunications incumbent for abuse of a dominant position on the broadband internet market (France Télécom)
Sheppard Mullin (Brussels)
,
Lni avocats (Paris)
In November 1999, Neuf Télécom, a telecommunications operator, filed a complaint with the French Competition Council (hereinafter “the Council”) against France Télécom, the French historic telephone and Internet provider, on the grounds that the latter was conducting anti-competitive practices on the (...)

The Hungarian Competition Authority finds that the telecommunications incumbent abused its dominant position by setting excessively high wholesale prices for network access (Magyar Telekom)
Smartflats
,
Liège University - IEJE
On 6 September 2005, the Hungarian Competition Authority found Magyar Telekom guilty of abuse of dominance by setting supra competitive wholesale prices for network access to “toll-free” and “reduced-toll” telephone numbers - the so called “coloured numbers”. In Hungary, “toll-free” and (...)

The French Competition Authority fines the telecommunication incumbent for having broken the injunction issued against it as part of interim measures (France Télécom)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. ADSL Broadband Internet Access : the Conseil de la concurrence fines France Télécom 20 millions Euros.* Following a referral by the company 9 Télécom, the Conseil de la concurrence has fined France Télécom for (...)

The Danish competition authority finds a mobile telephone company in violation of the Danish Competition law for operating a margin squeeze and an illegal bonus system (Song Networks / TDC-SONOFON)
McDermott Will & Emery (Brussels)
A Danish provider of fixed line telephony for business customers, Song Networks A/S, complained to the Danish Competition Authority alleging that TDC and SONOFON had engaged in illegal behaviour by: charging excessive prices for mobile termination, engaging in collusive behaviour in connection (...)

The Hungarian Competition Office fines telecom incumbent for margin squeeze in fixed telephone market (Magyar Telekom)
Morley Allen & Overy Iroda (Budapest)
,
Dentons (Budapest)
On January 22, 2004, the Hungarian Competition Office (the “HCO”) issued a ruling which determined that Magyar Távközlési Rt. (“MATAV”) infringed the provisions of Hungarian competition law regarding the abuse of its dominant position by applying wholesale and retail tariffs that led to a margin (...)

The US Supreme Court introduces a new method for regulatory antitrust analysis (Trinko / Verizon)
K&L Gates (Pittsburgh)
,
K&L Gates (Pittsburgh)
A New Method for Regulatory Antitrust Analysis? Verizon Communications v. Trinko* In Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, LLP, 540 U.S. 398 (2004), the United States Supreme Court adopted a novel method for applying the antitrust laws in regulated markets and thereby (...)

The Japan Fair Trade Commission issues a recommendation to a dominante telecom company in the optical broadband communications services market (Nippon Telegraph and Telephone East)
Japan Fair Trade Commission (Tokyo)
JFTC renders recommendation and warning to Nippon Telegraph and Telephone East Corporation on optical broadband communications services* The JFTC, following an investigation, today issued a recommendation to Nippon Telegraph and Telephone East Corporation (NTT East) for the violation of (...)

The French Competition Authority ends ban on ADSL packs provided by telecom incumbent (Wanadoo eXtense)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. High-speed ADSL Internet access : the Conseil de la concurrence lifts the suspension on sales of Wanadoo "eXtense" packs in France Télécom outlets* In a decision dated 19th July 2002, the Conseil lifted the (...)

The French Competition Authority grants interim measures in the TV sector (Télédiffusion de France)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. The Conseil de la concurrence hands down interim measures against Télédiffusion de France (TDF)* With regard to the introduction of digital terrestrial television (DTT), following a referral by the company (...)

The French Competition Authority accepts a request for interim measures on the ADSL market (9 Telecom)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. Request for interim measures filed by the company 9 Telecom, concerning access for telecommunications operators to the market for high-speed Internet access services using ADSL technology* In a decision dated (...)

Mergers

The French Competition Authority clears, subject to remedies, a merger in the mobile virtual networks market (Virgin Mobile / Numericable)
French Competition Authority (Paris)
The Autorité de la concurrence clears Virgin Mobile’s acquisition by Numericable* The Autorité de la concurrence has cleared the acquisition of Omer Telecom Limited (“OTL”) by Numericable. OTL is a virtual mobile phone operator operating under the Virgin Mobile brand. This decision takes place (...)

The Netherlands Competition Authority finds that the proposed acquisition may lead to restrictions for other companies on the use of the fiber-optic cable network (KPN / Reggefiber)
Netherlands Authority for Consumers & Markets (The Hague)
Further investigation needed into planned acquisition of Reggefiber by KPN* The Netherlands Authority for Consumers and Markets (ACM) will launch a more detailed investigation into the planned acquisition of Dutch fiber-optic company Reggefiber by Dutch telecom provider KPN. In 2008, ACM (...)

The French Competition Authority conditionally clears an acquisition of sole control on the pay-TV market (Mediaserv / Canal Plus Overseas)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Subject to a number of commitments, the Autorité de la concurrence has cleared the acquisition of Mediaserv by Canal Plus Overseas, a subsidiary of the Canal Plus Group* The Autorité de la concurrence has (...)

The Australian Competition and Consumer Commission does not oppose a proposed acquisition in the market for the supply of fixed line broadband services (TransACT Capital Communications / NBN)
Australian Competition and Consumer Commission
ACCC to not oppose NBN Co’s proposed acquisition of TransACT’s fibre to the premises network* The Australian Competition and Consumer Commission will not oppose the proposed acquisition of TransACT Capital Communications Pty Ltd’s (TransACT) fibre to the premises network (TransACT FTTP network) (...)

The New Zealand Commerce Commission receives an application seeking clearance to acquire the management rights to 700 MHz radio spectrum (Vodafone)
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Vodafone seeks clearance to acquire radio spectrum* The Commerce Commission has received an application from Vodafone New Zealand Limited seeking clearance to acquire the management rights to 700 MHz radio spectrum. The Crown is (...)

The EU Commission adopts a decision declaring a merger compatible with the internal market and the functioning of the EEA (Hutchison 3G Austria / Orange Austria)
RBB Economics (Brussels)
H3G/Orange Austria – Commission starts using UPP* On 24 July, the Commission published the non-confidential version of the decision in the Hutchison 3G Austria/Orange Austria case. The case, cleared subject to commitments following a Phase II investigation, represents a significant development (...)

The Chinese MOFCOM again uniquely imposes AML conditions on a transaction in the smartphone sector (Google / Motorola Mobility)
Ingram Yuzek Gainen Carroll & Bertolotti
The notification for Google‘s acquisition of Motorola Mobility was submitted to China’s Ministry of Commerce on 30 September 2011. It was ultimately accepted on 21 November 2011 by MOFCOM after supplementation. At the expiration of the Phase III, or extended Phase II, period, on 19 May 2012, (...)

The Belgian Competition Council conditionally clears a merger in phase II between several owners of cable networks for telecommunications services in Wallonia (Tecteo/Brutele - Câble Wallon)
Freshfields Bruckhaus Deringer (Hong Kong)
The operation Following a Phase II review, by decision dated 25 April 2008 the Council authorized the two-stage merger resulting in the acquisition of control by Tecteo of certain cable networks in Wallonia. The concentration involved several associations of local authorities transferring (...)

The US DOJ conditions the approval of a merger upon the divestiture of several fibers carrying local private telephone calls between buildings, a majority of which are owned or controlled by the merging telecommunications firms in 19 metropolitan areas (SBC / AT&T)
Jackson Walker (Dallas)
Editor’s Note: This article was written before the DOJ issued its Competitive Impact Statement on November 16, 2005 and before the FCC issued its Memorandum Opinion and Order on November 17, 2005. This article is based on the FCC’s press release of its decision to approve the mergers, the (...)

The US DOJ requires a partial divestiture of local private telephone fibers in 19 cities before clearing a merger between a popular incumbent local exchange carrier and a prominent long-distance carrier in the telecommunications industry (Verizon / MCI)
Jackson Walker (Dallas)
Editor’s Note: This article was written before the DOJ issued its Competitive Impact Statement on November 16, 2005 and before the FCC issued its Memorandum Opinion and Order on November 17, 2005. This article is based on the FCC’s press release of its decision to approve the mergers, the (...)

The Portuguese Competition Authority attempts to reshape the telecoms market by imposing a complex remedies package and approving the largest ever deal in Portugal (Sonaecom/Portugal Telecom)
Uria Menéndez (Lisbon)
On 22 December 2006, the Portuguese Competition Authority (the “AdC”) adopted a landmark merger control decision under the terms of Law 18/2003, of 11 June (the Competition Act), providing clearance to the envisaged acquisition of sole control of the local telecom’s incumbent Portugal Telecom (...)

The Belgian Competition Council rules on the extent of veto rights necessary and sufficient for a minority shareholder to exert joint control over a JV within the meaning of merger control (Belgacom - Vodafone Belgium - Belgacom Mobile)
Loyens & Loeff (Bruxelles)
In its Belgacom - Vodafone Belgium - Belgacom Mobile merger decision, the Belgian Competition Council cleared in phase I the increase of Belgacom’s stake in Belgacom Mobile from 75% to 100%, through the acquisition of Vodafone Belgium’s 25% stake. The decision is interesting for two reasons. It (...)

The French Minister of Economics clears a merger in the telecommunications sector with remedies, including granting of access to infrastructure (Neuf Telecom/Cegetel)
University Paris II Panthéon‑Assas
The operation By a letter dated 12 August 2005, the French Minister of Economy, Finance, and Employment gave conditional clearance to the horizontal merger between the electronic communication groups, Neuf Telecom and Cegetel. Neuf Telecom and Cegetel both developed an important (...)

The Hungarian Competition Authority clears a merger in the co-location services sector subject to remedies including separate operation, non-discrimination provisions and access obligations (Dataplex)
lakatos, koves and partners
The operation Dataplex is the most significant provider (with possessing approximately 50 per cent of the shares of the free area capacity) of the infocommunication outsourcing services (such as setting up the infrastructure, data storage services, ensuring the continuous course of business (...)

The Latvian Competition Authority clears a merger in the telecommunications sector with remedies including granting of access to infrastructure (Telia Sonera)
Raidla Lejins & Norcous (Riga)
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Cobalt Legal (Riga)
The operation On 7 June 2002 the Latvian Competition Council received a merger notification form Swedish company Telia Aktiebolag (plc) (Telia), about the merger of Telia and Finish company Sonera Corporation (Sonera). The merger was implemented by way of exchange of shares and resulted in (...)

The Lithuanian Competition Council clears in phase II a merger in the markets of fixed and mobile communications subject to commitment to use wireless network technology for development of fixed telecommunications services in rural areas (Lietuvos telekomas/Comliet)
Vodafone (Istanbul)
The operation By a decision dated 14 December 1999, the Lithuanian Competition Council authorized in phase II the merger between the monopoly fixed communications services provider AB Lietuvos telekomas (« Lietuvos telekomas ») and the third mobile communications services provider UAB Comliet (« (...)

Procedures

The Australian Competition and Consumer Commission proceeds with the arbitration of the disputes notified by three telecom access seekers (Vocus / Telstra)
Australian Competition and Consumer Commission
Court confirms ACCC jurisdiction to arbitrate disputes* The Federal Court has handed down its decision on a judicial review application commenced by Telstra on 3 January 2014 against the Australian Competition and Consumer Commission and three access seekers. Telstra sought review of the (...)

The French Competition Authority sets out conditions for network sharing in mobile telephony sector and considers impact on competition of national roaming arrangements between MNOs
European Commission (Brussels)
France: The Autorité de la concurrence sets out Conditions for Network Sharing in Mobile Telephony Sector and considers Impact on Competition of national Roaming Arrangements between MNOs* Following a Government referral, the Autorité de la concurrence (the Autorité) issued an opinion on 11 (...)

The Lisbon Commercial Court quashes the PCA’s abuse of dominant position infringement decision in the telecommunication circuit leasing case (PT Comunicações / PCA)
Portuguese Competition Authority (Lisbon)
1. The case, the PCA’s decision and the judgement of the court On 28 August 2008, the Portuguese Competition Authority (the “PCA”) found that PT Comunicações, S.A. (“PTC”), a subsidiary of the national telecommunications incumbent Portugal Telecom Group, had abused its dominant position, by means of (...)

Droits de la défense, droits des plaignants et impartialité dans les procédures de sanctions administratives des autorités nationales de concurrence de l’Union européenne
SGAE - Secrétariat Général des Affaires Européennes (Paris)
,
French Competition Authority (Paris)
Les Etats membres de l’Union européenne ont choisi, en fonction de leurs traditions juridiques et administratives, différents modes de sanction des pratiques anti-concurrentielles ; trois d’entre eux ont privilégié la voie exclusivement pénale, quatre autres ont confié la régulation à des juridictions (...)

The Belgian Competition Council dismisses request for interim measures against alleged margin squeeze from the telco incumbent on the market for telephone services provided at a fixed location for residential customers (Belgacom / Tele2)
Leuven University
Relevant Facts Since January 2003 Tele2 (a Belgian subsidiary of the Swedish Tele2 AB) is active as a telecom operator on the Belgian fixed voice calls market. Tele2 however only owns a backbone network and consequently needs to use the local loop of Belgacom (the incumbent operator) in order (...)

A Spanish Commercial Court orders an undertaking to compensate a competitor for damages resulting from abuse of dominant position - without any previous final decision from the NCA - concerning access to telecommunications databases (Conduit/Telefónica)
Associated British Foods (London)
,
Meliá Hotels International
Telefónica de España, S.A.U (“Telefónica3”) has been ordered by the Madrid Commercial Court Number 5 to pay € 639 003 to a competitor due to the losses arising from the abuse of dominant position of Telefónica in the Spanish telecommunications market. In April 2003, effective liberalization took (...)

A Spanish Court rules on private actions for damages derived from antitrust law infringements in the subscriber directory inquiries market (Conduit / Telefónica - Antena 3 / Spanish Football League)
European Court of Justice (Luxembourg)
,
Garrigues
Ever since the early seventies, the ECJ made it clear that European competition rules produce direct effects in relations between individuals and create subjective rights that have to be safeguarded by the national courts . This reasoning permitted the CFI to admit that the Commission is (...)

The Paris Court of appeal orders the telecommunications incumbent to offer third party operators a new technical and commercial offer giving appropriate access (France Telecom )
Sheppard Mullin (Brussels)
,
Lni avocats (Paris)
For the first time, the Paris Court of Appeal increased the amount of fines imposed by the Competition Council. Although this decision does not implement EC competition law, but French competition law provisions, it is worth mentioning here In February 2000, the Competition Council ruled that (...)

Regulations

The UK Supreme Court considers Article 20 of the EU Framework Directive and finds no justification for the Court of Appeal to set aside the analysis of the CAT as regards ladder pricing in wholesale termination charges for certain non-geographic telephone numbers (BT / Telefónica O2)
Blackstone Chambers
Dogma in telecoms, cream for the CAT: 08- numbers in the Supreme Court* The Supreme Court handed down on 9 July 2014 its judgment in British Telecommunications plc v Telefónica O2 UK Ltd & Ors [2014] UKSC 42. Reversing the decision of the Court of Appeal (blogged on here by Emily Neill), (...)

The Australian Federal Court decides that the parties had already agreed terms and conditions in relation to charges and the disputes regarding the access to facilities on the telecom market, thus the ACCC couldn’t determine such disputes (Telstra Corporation Limited / Vocus Fibre)
Australian Competition and Consumer Commission
ACCC ceases arbitrations following court decision* The Full Federal Court has handed down its decision on a judicial review application originally commenced by Telstra on 3 January 2014. Telstra sought review of the Australian Competition and Consumer Commission’s jurisdiction to arbitrate (...)

The New Zealand Commerce Commission clears acquisition of management rights for the final block of 5MHz radio spectrum in the 700MHz range (Telecom / Crown)
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Telecom granted clearance to acquire previously unsold radio spectrum block* The Commerce Commission has today granted a clearance to Telecom New Zealand Limited (Telecom) that will enable it to acquire the management rights for the (...)

The Australian Competition and Consumer Authority reports breaches of the Structural Separation Undertaking containing commitments related to vertical integration in the telecom sector (Telstra)
Australian Competition and Consumer Commission
ACCC reports on breaches of Telstra’s SSU* The Australian Competition and Consumer Commission’s annual report on Telstra’s compliance with its Structural Separation Undertaking (SSU) was tabled in Parliament today. The report outlines a number of occasions during the 2012-13 financial year where (...)

The Netherlands Competition Authority carries out an exploratory study into possible risks to competition in the business market for text messaging services
Netherlands Authority for Consumers & Markets (The Hague)
ACM sees points for attention in the business text messaging market* The Netherlands Authority for Consumers & Markets (ACM) has carried out an exploratory study into possible risks to competition in the business market for text messaging services. Given the conclusions of the study, ACM (...)

The Chinese NDRC and the Ministry of Industry and Information Technology jointly issue a notice announcing liberalizing pricing of the telecommunication services
AnJie Law (Beijing)
China Deregulates Pricing in Telecommunication Sector* China has seen another far-reaching step towards deregulating the strictly regulated telecommunication sector. On May 9, 2014, the Ministry of Industry and Information Technology of the P.R.C. (MIIT) and the National Development and Reform (...)

The Australian Competition and Consumer Commission releases final report into the regulation of fixed line telecommunications services
Australian Competition and Consumer Commission
ACCC finalises inquiry into regulation of fixed line services* The Australian Competition and Consumer Commission (ACCC) today released its final report into the regulation of fixed line telecommunications services. It has decided to continue regulating wholesale services supplied using (...)

The French Competition Authority issues an opinion on the analysis of the wholesale fast and superfast broadband markets (ARCEP)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. The Autorité de la concurrence delivers its opinion to ARCEP as part of the fourth round of analysis of the wholesale fast and superfast broadband markets.* Following a referral by the French (...)

The Australian Competition and Consumer Commission revokes regulations requiring telecom operator to report on its wholesale and retail operations (Telstra)
Australian Competition and Consumer Commission
ACCC revokes Telstra accounting separation reporting requirements* The Australian Competition and Consumer Commission has revoked regulations requiring Telstra to report to the ACCC on its wholesale and retail operations, known as the Accounting Separation Record Keeping Rules. The ACCC was (...)

The Australian Competition and Consumer Authority concludes its inquiry on transmission regulation
Australian Competition and Consumer Commission
ACCC concludes its inquiry on transmission regulation* The Australian Competition and Consumer Commission has concluded its inquiry into the regulation of transmission services (known as the Domestic Transmission Capacity Service or ’DTCS’). The ACCC has decided to maintain regulation for a (...)

The New Zealand Commerce Commission seeks submissions on its proposed approach to setting the rate of return on capital for the unbundled copper local loop network and the unbundled bitstream access service
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Commission consults on cost of capital for telecommunications price reviews* The Commerce Commission is seeking submissions on its proposed approach to setting the rate of return on capital for the unbundled copper local loop (UCLL) (...)

The Canadian Radio-Television and Telecommunications Commission announces a new public consultation on the state of competition on the market for wholesale mobile wireless services
Steve Szentesi Law Corporation
Competition & Wireless: Want Your Say on Roaming, Wireless Regulation? CRTC Launches New Public Consultation* Earlier today, and close on the heels of the announcement of winners in the Government’s 700 MHz spectrum auction yesterday (see: here), the CRTC has announced that it is launching (...)

The England Court of Appeal remits the matter of rate card price in the Pay TV market to the CAT for failure to address Ofcom’s competition concerns in detail (British Sky Broadcasting)
Blackstone Chambers
Pay TV: Court of Appeal sends message to the CAT* In its recent decision in British Sky Broadcasting Ltd v Office of Communications [2014] EWCA Civ 133 the Court of Appeal has sent a strong message to the CAT, criticising the Tribunal for its failure to properly consider the reasons (...)

The New Zealand Commerce Commission releases a paper on price determination according to the final pricing principle regarding the unbundled bitstream access (Chorus)
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Commerce Commission releases UBA process and issues paper* The Commerce Commission has today released a paper which outlines the proposed process for pricing Chorus’ wholesale broadband – the unbundled bitstream access (UBA) service - (...)

The Netherlands ACM allows blocking certain internet services on board of trains of Dutch railway company as an exception from the net neutrality rule (T-Mobile)
Netherlands Authority for Consumers & Markets (The Hague)
Telecom company T-Mobile is allowed to restrict free internet access on board trains* The Netherlands Authority for Consumer and Markets (ACM) has concluded that Dutch telecom company T-Mobile is allowed to block certain services such as YouTube and Spotify on the free Wi-Fi-network on board (...)

The Australian Competition and Consumer Commission releases a report of its draft decision to continue regulating the termination of calls on mobile phone networks
Australian Competition and Consumer Commission
ACCC releases draft report on regulation of access to mobile networks* The Australian Competition and Consumer Commission has today released a report of its draft decision to continue regulating the termination of calls on mobile phone networks. It is also proposing to regulate the termination (...)

The Australian Competition and Consumer Commission releases draft reports proposing to maintain the existing regulation of wholesale services supplied using copper network, other fixed line infrastructure and transmission routes (Telstra)
Australian Competition and Consumer Commission
ACCC releases draft reports on transmission and fixed line network regulation* The Australian Competition and Consumer Commission is currently reviewing the scope of its regulation of telecommunications services. It has today released draft reports that propose to largely maintain the existing (...)

The Kenyan Communications Commission launches a strategic plan for the ICT sector and discloses its cooperation project with the Competition Authority aiming at ensuring the transparency of all mobile money transfer platforms
Primerio
Mobile Telecom and Payments sector getting boost from state in Kenya* According to a release by the Kenyan Communications Commission (CCK), the CCK is cooperating with the country’s Competition Authority (CAK) to enhance the mobile telecoms sector in Kenya. The CCK is aiming for 90% of all (...)

The UK Competition Appeal Tribunal dismisses an appeal attempting to challenge the ’value judgements’ made by OFCOM, following an investigation into the business connectivity services market (Colt)
The University of Manchester
Background On 26 November 2013, the Competition Appeal Tribunal (the “CAT”) dismissed an appeal brought by Colt Technology Services (“Colt”) against the Office of Communications (“OFCOM”) under Section 192 of the Communications Act 2003 (the “Act”). The appeal follows the publication of OFCOM’s (...)

The Australian Competition and Consumer Commission publishes for consultation a varied SAU specifying terms and conditions relating to access to fibre-to-the-premises, fixed wireless and satellite networks (NBN)
Australian Competition and Consumer Commission
ACCC publishes NBN Co’s varied Special Access Undertaking for consultation* The Australian Competition and Consumer Commission received a varied Special Access Undertaking (SAU) from NBN Co on 19 November 2013. If accepted by the ACCC, this SAU will form a key part of the regulatory framework (...)

A Dutch District Court upholds ACM’s decision concerning imposition of fines on the national telecom company for failing to inform its competitors about a discount scheme (KPN)
Netherlands Authority for Consumers & Markets (The Hague)
ACM fines KPN for putting competitors at a disadvantage in government tender* The Netherlands Authority for Consumers and Markets (ACM) imposed a fine of almost EUR 30 million on Dutch telecom company KPN. KPN committed a violation in the government tender for fixed telephony services for (...)

The French Competition Authority issues three opinions on the analysis of wholesale fixed and mobile voice call and SMS termination markets (ARCEP)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. The Autorité de la concurrence issues three opinions to Arcep on the analysis of wholesale call termination markets for the 2014-2016 period and calls for an accelerated and generalised application of the (...)

The Australian Competition and Consumer Commission seeks to change the framework that governs the access to national broadband network (NBN)
Australian Competition and Consumer Commission
ACCC seeks variation of NBN Co Special Access Undertaking* On 8 October 2013 the Australian Competition and Consumer Commission has released a Notice to Vary (variation notice) formally seeking changes to the Special Access Undertaking (SAU) offered by NBN Co in December 2012. The SAU will (...)

The UK Office of Fair Trading issues a short form opinion clarifying the application of competition law to recommendations by two rural associations to their members concerning the prices to be charged for access to land (Broadband Wayleave Rates)
Herbert Smith Freehills (London)
Introduction The Office of Fair Trading (’OFT’) in a Short Form Opinion dated 23 August 2012 has indicated that a proposed price recommendation to be made by two rural associations, the National Farmers’ Union (NFU) and the Country Land and Business Association (CLA) (collectively the Parties) (...)

The Kazakh Antimonopoly Agency issues a binding instruction for the Communications and Informatisation Committee to amend discriminatory terms and conditions of licenses granted to certain cellular operators (Kar-Tel)
Center for Development and Protection of Competition Policy
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Ernst & Young (Astana)
The Communications and informatisation Committee of the Transport and Communications Ministry of the Republic of Kazakhstan (‘Committee’) implements a state function of licensing for providing cellular communication. Paragraph 1 of Article 4 of the Law of the Republic of Kazakhstan “On (...)

The French Competition Authority issues an opinion on the data transport market
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence issues a favourable opinion relating to ARCEP’s proposition to extend by one year the current regulation of the wholesale market of “leased lines”. This extension will enable the (...)

The England and Wales Court of Appeal rules that it was neither appropriate nor necessary to align the resolution of referred disputes to English common law causes of action and remedies (BT)
Blackstone Chambers
As long as the regulator’s foot* The Court of Appeal’s remarks in BT v Ofcom (Partial Private Circuits) make Ofcom’s dispute-resolution power a still more distinctive alternative to court litigation, and in the right circumstances a more attractive one. The appeal arose out of a dispute, brought (...)

The England and Wales Court of Appeal concludes that the respondent acted properly within its powers and in accordance with its duties in rejecting the plaintiff’s notice as not being fair and reasonable (Telefonica O2 / British Telecommunications)
Blackstone Chambers
Keeping the CAT in its bag: the 08 Appeal* Ofcom will likely be delighted by the result in the Court of Appeal’s decision in Telefonica O2 UK Limited and others v British Telecommunications PLC [2012] EWCA Civ 1002, in which the Regulator appeared as an interested party. Not only does the (...)

The French Competition Authority issues a number of recommendations on the optical fibre roll-out
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. At the request of the Senate, the Autorité de la concurrence reminds public authorities of the competitive framework within which they can participate in the roll-out of very high speed broadband via (...)

The French Competition Authority issues an opinion on the installation of relay masts - mobile telephony
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence recommends that the Agence nationale des fréquences (ANFR – French frequencies agency) should take certain precautions to avoid operators having cognizance of their competitors’ (...)

The French Competition Authority issues an opinion in the context of the wholesale markets analysis of the new entrant and full MVNOs mobile voice call termination (Free Mobile, LycaMobile and Oméa Télécom)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité is in favour of Arcep’s proposal on ex ante regulation of Free Mobile and full MVNOs mobile voice call termination charges. It considers asymmetrical call termination charges for the benefit of the (...)

The French Competition Authority issues an opinion on the wholesale broadband market in the Antilles
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Concerned by the state of competition on the wholesale broadband Internet market in the French West Indies, the Autorité de la concurrence supports the project of the French Telecommunications and Posts (...)

The French Competition Authority issues an opinion on the deployment of optical fibre networks in moderately dense areas
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence is in favour of a regulation that reconciles investment incentives and the preservation of competition*. After having issued an opinion in September 2009 at the request of the (...)

The French Competition Authority clarifies the opinion that it provided to the the French Telecommunications and Posts Regulator on the high and very high speed Internet access coverage
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence provides clarifications regarding the opinion that it provided to the ARCEP on the ramp-up of access speed.* On 22 December 2009, the Autorité de la concurrence provided the (...)

The French Competition Authority issues an opinion on the “ultrafast broadband” programme envisaged by the government
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence releases to the public its 17 March 2010 opinion on the programme envisaged by the government. Though favourable to the project, it is proposing adjustments and additional (...)

The French electronic communications Regulator defines the access obligations imposed on “in-building operators” in the context of the roll-out of the fibre networks
French Competition Authority (Paris)
Further to a long-lasting public consultation, alongside the European Commission analysis on the appropriate fibre lines’ regulation, ARCEP, (the National Regulatory Authority - NRA) adopted a decision and a recommendation on the access obligations imposed on undertakings deploying in-building (...)

The French Competition Authority issues an opinion on the deployment of very high-speed optical fibre networks
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Deployment of very high-speed optical fibre networks: The Autorité de la concurrence is in favour of the set-up of a multi-fibre architecture that ensures the independence of the actors and the market’s fluidity (...)

The French Competition Authority issues a opinion favourable to the strengthening of the ex-ante regulation on the wholesale audiovisual broadcasting services market
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Wholesale audiovisual broadcasting services market: The Autorité de la concurrence delivers an opinion to the ARCEP in which it declares itself favourable to the strengthening of the ex-ante regulation.* In (...)

The Cypriot Competition Authority dismisses the telecommunications incumbent’s application for interim measures against airports operator (CYTA / Hermes Airports)
Antoniou Advocates
The Cyprus Commission for the Protection of Competition (“CPC”) dismissed an application for interim measures by CYTA against Hermes Airports Ltd alleging violations of sections 3 and/or 6 of the Protection of Competition Law 13(I) of 2008 (“Law 13(I)/2008”) - as well as of articles 81 and/or 82 (...)

The French Telecom Regulator holds that the incumbent cannot require to be provided with information on the wholesale access offer of the cable operator (France Télécom/Numéricable)
French Competition Authority (Paris)
Considering that the criterion of indispensability to achieve the objectives of the regulation was not satisfied, the French regulator rejected the France Télécom’s complaint based on the refusal of the cable operator to provide it with information on its wholesale access offer. The French (...)

The French Competition Authority issues an opinion relative to the situation of MVNO operators on the French mobile telephony market
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence analyses the obstacles to the development of MVNOs and makes proposals to create a genuine competition momentum.* Following a referral in May 2008 by the Minister of Economy, (...)

The French Competition Authority issues an opinion on retail and wholesale markets of fixed telephony (ARCEP)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil is favourable to reduce ex ante regulation on retail markets for fixed telephony.* The Conseil de la concurrence has just issued an opinion to the ARCEP (French regulator for electronic and postal (...)

The French Competition Authority issues an opinion on wholesale markets for high speed and very high speed (ARCEP)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence considers that ex ante regulation is necessary given the importance of the issues relative to the deployment of fibre optics on wholesale markets for high speed and very high (...)

The French Competition Authority issues an opinion on the sector of premium telephone services (Association des Renseignements pour Tous)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Premium Telephone Services: The Conseil is in Favor of Creating a Wholesale Mobile Telephone Services Market and an Ex-Ante Regulation of This Market.* Following a request for opinion by the Association of (...)

The European Regulators Group publishes a common position on best practice in remedies imposed by NRAs on undertakings holding a significant market power in the relevant market for wholesale leased lines
Allen & Overy (Paris)
Background The European Regulators Group («ERG») has been established by Commission Decision 2002/627 of 29 July 2002 following the adoption of the 2002 regulatory framework for electronic communications. Its purpose is to provide an interface between the national regulatory authorities (NRAs) (...)

The Polish telecom regulator wishes to impose ex ante obligations on Internet interconnection (Telekomunikacja Polska)
French Competition Authority (Paris)
Background reminder The Internet is often called the “network of networks”. A local Internet Service Provider (ISP) wishing to offer Internet services to end-users has to connect with other networks in order to allow his end-users to exchange traffic with other end users or content providers (...)

The Brussels Court of Appeal largely supports the Belgian Telecom Regulator’s decision on retail fixed telephone access markets (Belgacom/IBPT)
Leuven University
Background The decision, which is under appeal, is adopted on 19 June 2006 by the Belgian post and telecom regulator, the BIPT/IBPT (Belgian Institute for Postal Services and Telecommunications). Sector specific regulation for electronic communications, as harmonized on European level and (...)

The French Competition Authority issues an opinion on call termination on mobile networks in the French Guiana and West Indies (ARCEP)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Conseil de la concurrence in favour of regulation on call termination costs on the mobile network of Outremer Telecom but recommends a schedule to guarantee predictability of their evolution.* As part of the (...)

The French Competition Authority issues an opinion on the broadband access market delivered on the national market (ARCEP)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Conseil de la concurrence to lift ex ante regulation on the market for national broadband access.* As part of the market analysis procedure set up by the code of postal and electronic communications law, the (...)

The Belgian Competition Council settles dispute on GSM gateways and voice call tariffs in cooperation with the telecommunications regulator (The Phone Company/Belgacom)
Leuven University
On September 1st, 2006 the Belgian Competition Council decided Belgacom Mobile (BMB) had to terminate voice calls coming form SIM cards in gateways of the Phone Company (TPC) on its mobile network against end user tariffs (possibly augmented with other costs such as the activation fee per cell (...)

The French Competition Authority issues an opinion on the wholesale market for SMS call termination on mobile networks (ARCEP)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Wholesale market for SMS call termination on mobile networks: The Conseil de la concurrence is favourable to an intervention by the regulator to ensure greater competitive pressure on the retail prices paid by (...)

The French Competition Authority issues an opinion on the regulation of the audiovisual broadcasting market (ARCEP)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Regulation of the audiovisual broadcasting market: The Conseil de la concurrence in favour of ARCEP’s proposal to impose account unbundling requirements on TDF.* As part of the procedure for analysing (...)

The French Competition Authority issues an opinion on the transition to a new numbering format for directory assistance services (ARCEP)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. New number system for directory assistance: The Conseil de la concurrence has given ARCEP an opinion in which it stresses the risk of established operators gaining an advantage in the market.* Having been (...)

The French Competition Authority issues an opinion on markets for termination of geographic calls on alternative landline networks (ARCEP)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Markets for geographic call termination on alternative landline networks: The Conseil de la concurrence favours ex ante intervention by the ART to guarantee that the geographic calls termination tariffs (...)

The French Competition Authority issues an opinion on the wholesale market for access and call origination on the French public mobile networks (ART)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. MVNOs - The Conseil de la concurrence calls for the regulator to intervene to prevent the risk of insufficient competition on the wholesale mobile telephony market.* In accordance with the market analysis (...)

The French Competition Authority issues an opinion on the retail and wholesale markets for fixed telephony (ART)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. In an opinion issued to the ART, the Conseil de la concurrence draws the Authority’s attention to the development of Voice over Broadband (VoB)offers and the potential distortion of competition caused by (...)

The French Competition Authority issues an opinion on the broadband internet market (ART)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence issues ART (Telecommunications Regulation Authority) with an opinion on the broadband internet market.* Under the consultation procedure carried out in accordance with article L. (...)

The European Commission adopts a notice on the application of the competition rules to access agreements in the telecommunications sector
Covington & Burling (Brussels)
"Commission Notice on the Application of the Competition Rules to Access Agreements in the Telecommunications Sector"* Background On 31 March 1998, the Commission adopted a Notice on the Application of the Competition Rules to Access Agreements in the Telecommunications Sector (the Access (...)

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