Telecom & Dominance

Dominance

The Spanish Competition Authority fines a telecom operator for restrictions in its mobile services contracts with small and medium-sized businesses (Telefónica Móviles)
European Commission (Brussels)
CNMC Fines Telefónica Móviles* On 30 October 2014, Telefónica Móviles was fined € 25 784 341 for switching restrictions in its mobile services contracts with small and medium-sized businesses (SMEs). The Comisión Nacional de los Mercados y la Competencia (CNMC) found that this practice unfairly (...)

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 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 (...)

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 Advocate General Wathelet proposes to the EU Court of Justice to annul a judgement of the EU General Court in order to force it to exercice its full jurisdiction to review fines imposed by the Commission (Telefónica)
General Court of the European Union (Luxembourg)
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White & Case (Brussels)
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White & Case (Brussels)
The level of fines imposed by the European Commission in competition cases has attracted controversy for more than ten years. The often deferential approach of the European courts to hearing appeals has also been criticised, but in many cases the courts have largely left untouched the (...)

The Mexican Congress amends telecom legislation introducing significant changes in competition law
Hogan Lovells BSTL (Mexico City)
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Hogan Lovells BSTL (Mexico City)
A. A brief background of the Constitutional Amendment to the Mexican Competition Regime. On March 11, 2013, the President of Mexico sent to Congress a very aggressive bill proposal to amend, inter alia, Article 28 of the Federal Mexican Constitution. Although it has been publicized as the (...)

The Mexican Parliament adopts sweeping telecom reform aiming at cracking down on dominant operators, inducing significant reform of competition law and agency
Creel García-Cuéllar Aiza y Enríquez SC
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Chanel
On June 11th, 2013, a significant amendment to the Mexican Constitution known as “the new Telecommunications Act”, which also significantly impacts the competition regime, was enacted, and will enter into force on June, 12th. The amendment is seen as resulting from the "Pact for Mexico", entered (...)

The Slovenian Supreme Court refuses to grant to a competitor a standing in a procedure reviewing the authority’s decision (Telekom Slovenije / Si.mobil)
Criterion Economics
On May 22, 2012 the Slovenian Supreme Court (Supreme court) rejected to grant to Si.mobil, the applicant, standing in a judicial proceeding reviewing the Slovenian competition authority’s (authority) decision in the case against Telekom Slovenije d.d. (previously Mobitel d.d., a subsidiary and (...)

The EU General Court confirms Commission’s right to request documents pre-dating a member state’s accession to the EU (Slovak Telecom)
Van Bael & Bellis (Brussels)
On 22 March 2012, the General Court rendered a judgment confirming the European Commission’s power to request documents pre-dating a member state’s accession to the EU. Indeed, the Court found that the Commission had been entitled to order Slovak Telekom to disclose information predating (...)

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 (...)

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 telecommunication incumbent’s standard "Département innovant" convention (France Télécom)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence delivers the opinion the ART requested on France Télécom’s standard "Département Innovant" convention.* Following a referral by the Autorité de Régulation des Télécommunications (ART, (...)

The Russian Competition Authority sends a warning to a multinational technology company suspected of abuse of dominance (Apple)
Russian Federal Antimonopoly Service
FAS issued a warning to “Apple Rus” Ltd.* By 1 May 2017 the company should open a unified service centre in the Russian Federation On 20 February 2017, the FAS Commission investigated a case against “Apple Rus” Ltd. According to a statement received by FAS, in 2016 service centres failed to (...)

The EU Court of Justice publishes details of a request by a Portuguese Court for a preliminary ruling regarding discriminatory pricing (Serviços de Comunicações e Multimédia)
Van Bael & Bellis (Brussels)
On 16 January 2017, details of a request by a Portuguese court for a preliminary ruling from the Court of Justice of the European Union (“ECJ”) were published in the Official Journal on questions relating to abusive discriminatory pricing under Article 102(c) TFEU. The request was issued in (...)

The Croatian Competition Authority refuses to open an infringement proceedings on the market of telecommunications equipment because the alleged infringer does not hold a dominant position (Ericsson NT)
Croatian Competition Agency
Ericsson Nikola Tesla: Initiative for abuse of dominance dismissed* The Croatian Competition Agency (CCA) dismissed the initiative for the initiation of the infringement proceedings for the establishment of abuse of a dominant position against the undertaking Ericsson Nikola Tesla (Ericsson (...)

The Bulgarian Commission on Protection of Competition fines for the first time a company for an abuse of stronger bargaining position (Siemens)
Johnson & Johnson (Sofia)
On 26 May 2016 the Bulgarian Commission on Protection of Competition sanctioned Siemens Bulgaria for abuse of stronger bargaining position as per the new Article 37a of the Bulgarian Protection on Competition Act. Siemens Bulgaria is a subsidiary of the corporation Siemens AG (Germany). The new (...)

The Paris Court of Appeal upholds the decision of the Competition Authority fining two mobile phone carriers for abuse of dominance (Orange / SFR)
Van Bael & Bellis (Brussels)
On 19 May 2016, the Paris Court of Appeal upheld the decision of the French Competition Authority (“FCA”) imposing a fine on the French telecoms operators Orange and SFR for having abused their dominant position in the mobile call termination market. The Court nevertheless granted the operators a (...)

The French Competition Authority fines a mobile carrier for abuse of dominance in the business market (Orange)
French Competition Authority (Paris)
The Autorité de la concurrence fines Orange 350 million euros for having abusively hindered the development of competition in the business market since the early 2000s. The Autorité also takes action to restore market competition for the benefit of business clients* In brief After complaints (...)

The French Competition Authority imposes € 350 million fine on a company for discriminatory conduct (Orange)
Van Bael & Bellis (Brussels)
On 17 December 2015, the French competition authority (“FCA”) imposed a fine of € 350 million on Orange for abusing its dominant position on the markets for fixed and mobile telecommunications services. In relation to fixed services, Orange was found to have engaged in discrimination against (...)

The EU Commission sends two statements of objections to a mobile technology company on exclusivity payments and predatory pricing (Qualcomm)
European Commission - DG COMP (Brussels)
Antitrust: Commission sends two Statements of Objections on exclusivity payments and predatory pricing to Qualcomm* The Commission informed Qualcomm of its preliminary conclusions that the company may have illegally paid a major customer for exclusively using its chipsets and sold chipsets (...)

The French Competition Authority fines a telecommunications company for implementing abusive practices on the “business” market (SFR)
French Competition Authority (Paris)
The Autorité de la concurrence fines SFR and its subsidiary in La Réunion 10.7 million euros for implementing abusive practices on the “business” market.* In brief The Autorité de la concurrence issues today a decision in which it fines SFR and SRR, SFR’s subsidiary in La Réunion, a total of 10.7 (...)

The Belgian Competition Authority imposes provisional measures in a case involving TV rights for a series of cyclocross competitions (Telenet)
Van Bael & Bellis (Brussels)
On 5 November 2015, the Competition College of the Belgian Competition Authority (“BCA”) imposed provisional measures with regard to TV rights for the Superprestige Cyclocross Competition to address a possible infringement of Article IV.1 and/or IV.2 of the Code of Economic Law (the Belgian (...)

The Düsseldorf Regional Court orders injunctive relief for infringement of standard-essential patents in the first German judgments after CJEU decision on FRAND (SISVEL / Haier)
Arnold Ruess
On 3 November 2015, the Düsseldorf Regional Court has issued judgments against Haier Deutschland GmbH und die Haier Europe Trading SRL, entities of Chinese Qingdao Haier Group. The Court ordered them to cease and desist from and render account on past infringements as well as determined Haier’s (...)

The Mauritius Competition Authority places two mobile operators under scrutiny for alleged discriminatory pricing policy (Emtel / Orange)
Ashurst (Paris)
Mauritius Competition watchdog places mobile operators under scrutiny* Investigation by the CCM into allegedly discriminatory mobile pricing policies by the two main operators in the island nation of about 1.2 Million. On 27 August 2015, the Competition Commission of Mauritius (“CCM”) announced (...)

The Romanian Competition Authority accepts commitments closing mobile operators’ price investigation (Orange Romania)
Nestor Nestor Diculescu Kingston Petersen (Bucharest)
The Romanian Competition Authority’s investigation started in 2011, in the context in which the four large mobile operators in Romania - Orange Romania, Vodafone Romania, Romania Telekom Mobile Communications and RCS & RDS - were charging different tariffs for the service of call termination (...)

The English High Court awards the claimant in an abuse of dominance case an injunction to prevent a service being discontinued (Packet Media / Telefónica)
Simmons & Simmons (London)
The English High Court has awarded the claimant in an abuse of dominance case an injunction to prevent a service being discontinued - once the claim had been amended over the weekend after an unfinished hearing. In brief Working through the weekend proved worthwhile for Packet Media Limited (...)

The EU Court of Justice confirms practical steps to be taken by standard essential patent holders before seeking injunctions (Huawei / ZTE)
Norton Rose Fulbright (London)
Synopsis The Court of Justice of the European Union has ruled that the holder of a Standard Essential Patent that has committed to license its Standard Essential Patent on FRAND terms may be found in breach of the competition rules (Article 102 TFEU) by seeking an injunction against a (...)

The Finnish Competition Authority welcomes the judgement of the EU Court of Justice clarifying the position of standard-essential patent holders from the perspective of competition law (Huawei / ZTE)
Finnish Competition and Consumer Authority (FCCA)
The Court of Justice of the European Union has clarified the position of standard-essential patent holders from the perspective of competition law* On Thursday 16 July, the Court of Justice of the European Union gave a judgment on the relationship between patent law and competition law. The (...)

The EU Court of Justice holds standard-essential patent owner can abuse its position by seeking to enjoin infringement (Huawei / ZTE)
Constantine Cannon (Washington)
European Court Of Justice Holds Standard-Essential Patent Owner Can Abuse Its Position By Seeking To Enjoin Infringement* The European Court of Justice ruled today that the owner of a standard-essential patent abuses its dominant position when it seeks an injunction in an action for patent (...)

The EU Court of Justice sets out specific requirements with which an SEP holder needs to comply in order to be able to seek an injunction without abusing its dominant position (Huawei / ZTE)
White & Case (Brussels)
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White & Case (Brussels)
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Harte-Bavendamm Rechtsanwälte
Standards lie at the heart of the digital economy – without standards, we would not have smartphones, tablets and other key parts of modern life. Europe’s highest court recently delivered a judgment in Huawei v. ZTE explaining when EU competition law will prevent holders of patents that are (...)

The EU Court of Justice rules on the circumstances in which a presumptively dominant SEP holder who has given a FRAND commitment may seek injunctive relief (Huawei / ZTE)
Quinn Emanuel Urquhart & Sullivan (Brussels)
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Quinn Emanuel Urquhart & Sullivan (Brussels)
The application of competition law to standard essential patents (SEPs) has been the subject of significant debate. The latest instalment was provided by the Court of Justice on 16 July 2015 with its much-anticipated preliminary ruling in Huawei v. ZTE, which concerns the circumstances in which (...)

The French Competition Authority obtains commitments from an owner of mobile operators pylons limiting the duration of new hosting contracts to 10 years (TDF)
French Competition Authority (Paris)
The Autorité de la concurrence obtains from TDF an improvement of the hosting contracts binding it to the mobile operators that use its pylons* In the scope of proceedings initiated before the Autorité de la concurrence by FPS Towers (hereinafter FPS), TDF commits to limiting the duration of new (...)

The Bulgarian Commission for Protection of Competition fines three power distribution companies for abusing their dominant market positions by imposing excessive prices to cable operators (CEZ, EVN and Energo-pro)
Johnson & Johnson (Sofia)
On May 27, 2015 the Bulgarian Commission for Protection of Competition adopted three separate decisions imposing sanctions on each of the three power distribution companies, and namely CEZ Distribution Bulgaria AD , EVN Bulgaria Electrical Distribution AD and ENERGO-PRO Grids AD for abusing (...)

The Russian Competition Authority wants to eliminate excessive barriers for access of communications providers to residential houses
Russian Federal Antimonopoly Service
FAS intends to eliminate excessive barriers for access of communications providers to residential houses* The Expert Council of the Federal Antimonopoly Service (FAS Russia) on Communications held a session on 26th May 2014. It focused on judicial practice with regard to access of (...)

The Ningxia Administration for Industry and Commerce suspends an abuse of dominance investigation after receiving commitments from the companies (China Tietong, China Unicom, China Telecom)
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
Tied sales of landline telephone services investigated in Ningxia* The SAIC reported that, on 15 May 2015, the Administration for Industry and Commerce in the Ningxia Hui Autonomous Region (Ningxia AIC) suspended its antitrust investigation of the Ningxia branches of China Tietong, China (...)

A US District Judge dismisses an antitrust claim for lack of proof of both the conduct and the injury (Google)
DLA Piper Weiss-Tessbach (Vienna)
Two recent victories for Google in the United States* On 20 February 2015 a federal judge in California dismissed an antitrust lawsuit against Google alleging that it violated antitrust laws by requiring makers of Android tablets and smartphones to designate Google as the default search engine (...)

The French Competition Authority launches a market inquiry relating to remedies proposed by the owner of pylons in the mobile market (TDF)
French Competition Authority (Paris)
TDF proposes to reduce the length of contracts and ease the conditions for early termination in the contracts of mobile operators using its pylons for the installation of their antennas.The Autorité de la concurrence launches a market test on these proposals.* Within the scope of litigation (...)

The Slovenian Competition Protection Agency holds that the incumbent telecom operator abused its dominant position by refusing access to network (Telekom Slovenije)
European Commission (Brussels)
Telekom Slovenije Abuses its Dominant Position by Refusing Access to Network* On 2 February 2015, the Slovenian Competition Protection Agency (CPA) concluded that Telekom Slovenije (Telekom), the incumbent telecom operator, abused its dominant position on the wholesale markets for broadband (...)

The Slovenian Competition Protection Agency sanctions a telecom company for abuse of dominance on the wholesale markets for broadband bit-stream access and for access to physical network infrastructure (Telekom Slovenije)
Slovenian Competition Authority (Ljubljana)
Slovenian Competition Protection Agency concluded with the assessment of abuse of dominant position by Telekom Slovenije* Slovenian Competition Protection Agency (CPA) has concluded with the assessment of abuse of dominant position by Telekom Slovenije (Telekom) and determined that the (...)

The Court of Almaty finds legal the decisions of Kazakhstan Antimonopoly Agency against a cellular operator based on its abuse of dominance in the market (JSC Kcell)
Center for Development and Protection of Competition Policy
Facts JSC KCELL is registered with the State Register of dominants/mpnopolists, within the geographic boundaries of the Republic of Kazakhstan by «cellular services» type of activity in the aggregate proportion of over 50% with «KaR-Tel» LLP. The Agency of the Republic of Kazakhstan for (...)

The EU Parliament passes a resolution calling on the Commission to unbundle search engines from other commercial services (Google)
Ashurst (Milan)
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 (...)

Advocate General Whatelet holds that the fact that a company owns a standard-essential patent does not necessarily mean that it holds a dominant position (Huawei / ZTE)
AnJie Law (Beijing)
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AnJie Law (Beijing)
Huawei vs. ZTE - The Advocate General Has Spoken* Background On April 5, 2013, the Landgericht Düsseldorf (a German regional court) referred a set of questions relating to injunctive relief over standard-essential patents (“SEPs”) to the European Court of Justice (“ECJ”) in connection with a (...)

The Luxembourg Competition Council fines the incumbent telecom operator for abuse of dominance (Entreprise des Postes et Télécommunications)
European Commission (Brussels)
Competition Council Fines Incumbent Telecom Operator for Abuse of Dominant Position in Telecommunication Services Sector* On 13 November 2014, Luxembourg’s competition authority fined the Entreprise des Postes et Télécommunications (EPT), the parent company of Post Telecom, the incumbent telecom (...)

A US District Court reluctantly allows tying claims to go forward (Oracle)
Patterson Belknap Webb & Tyler
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Patterson Belknap Webb & Tyler
District Court Reluctantly Allows Tying Claims Against Oracle to Go Forward* Last Friday, Magistrate Judge Paul S. Grewal of the Northern District of California denied a motion by Oracle to dismiss three counterclaims based on a tying theory in Oracle America, Inc. v. Terix Computer Co. In (...)

The Chinese Supreme Court sets up the standard for antitrust private litigation with detailed analysis method in regard to market definition and dominance establishment (Qihoo / Tencent)
AnJie Law (Beijing)
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AnJie Law (Beijing)
When the Antitrust Encounter the Internet: The Legal Battle between Qihoo 360 and Tencent Finally Comes to the End* The outgoing year has witnessed the significantly increasing role of „Antitrust‟ and „Internet‟ played in China‟s economy. With the Supreme People‟s Court („SPC‟) ratified the original (...)

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 Competition Commission of India gives an order on the emerging jurisprudence of interface between intellectual property and competition law (HT Media / Super Cassettes)
Jindal Global University
On October 1, 2014, Competition Commission of India (CCI) gave its final order on a yet another case making some vital contributions to the shaping of the law on the emerging jurisprudence of interface between intellectual property and competition law regimes in India. While this case sets a (...)

The Netherlands Authority for Consumers & Markets imposes fines on a telecom company for having abused of its dominance, inter alia, by refusing to inform in advance competitors that use its network about what services it will offer to its own business customers (KPN)
Netherlands Authority for Consumers & Markets (The Hague)
KPN fined for putting competitors at a disadvantage with regard to its business call-forwarding service* Dutch telecom company KPN is required to inform in advance competitors that use its network about what services KPN will offer to its own business customers. In addition, KPN must in a (...)

The EU Court of Justice reiterates that effective judicial protection is a general principle of EU law and finds no error in the examination of the evidence related to abuse of dominance in the telecom sector (Telefónica)
EFTA Surveillance Authority
Case C-295 P Telefónica SA v Commission: the EU judicature’s unlimited jurisdiction in competition cases* The Court of Justice (“CoJ”) handed down its judgment in a very interesting abuse of dominance case, namely Case C-295/12 P Telefónica SA v Commission on 10 July 2014. The judgment deals with (...)

The Lithuanian Competition Council finds that the difference between the terms and conditions of channel distribution rights sold to analogue and digital television providers does not impede competition or significantly influence consumer welfare (Viasat World)
Lithuanian Competition Authority (Vilnius)
Competition Council: Viasat conduct does not impede competition* Competition Council (KT) terminated investigation into suspected abuse of dominance by Viasat World Limited and Viasat AS. The KT held that the actions carried out by the companies influence neither effective competition nor (...)

The Tokyo District Court denies a claim of abuse of dominance in the optical fiber data service market (SB/ NTT)
McDermott Will & Emery (Brussels)
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Anderson Mori & Tomotsune (Tokyo)
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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 French Competition Authority fines a mobile phone operator and its subsidiary for implementing discriminatory prices for calls to its competitors’ networks in the overseas territory market (SFR and SRR)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. The Autorité de la concurrence fines SFR and its subsidiary in La Réunion SRR nearly 46 million euros.* The Autorité de la concurrence has today issued a decision whereby it has imposed a fine of 45.9 million (...)

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 Russian Competition Authority issues a warning against a cellular operator prohibiting an abuse of dominance (MTS)
Russian Federal Antimonopoly Service
FAS issued a warning to “MTS” OJSC prohibiting abuses of market dominance* The Federal Antimonopoly Service (FAS Russia) investigated a case upon elements of violating the antimonopoly law by “MTS” OJSC. The cellular operator prevented porting the numbers of the Federation Council of the Federal (...)

The EU Commission approves commitments concerning certain standard essential patents relating to the European Telecommunications Standardisation Institute’s 3G UMTS standard (Samsung Electronics)
Ashurst (Milan)
European Commission makes commitments offered by Samsung Electronics legally binding* On 29 April 2014, the European Commission European issued a decision (see also the related press release) which made legally binding the commitments offered by Samsung Electronics (“Samsung”) in relation to (...)

The Milan Commercial Court rejects a damages claim of a telecommunication operator because of the limitation period (Uno Communication and Vodafone)
Studio Legale Scoccini E Associati
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Introduction On the 3 April 2014, the Enterprises Court of Milan rejected the damages claim brought by Uno Communication against Vodafone because of expiry of the limitation period (5 years under Italian law). This case arose as a follow-on action from a decision of the Italian Competition (...)

The Kenyan Competition Authority receives a complaint pushing for a full hearing in a case of abuse of dominance where the market rival of the applicant tried to negotiate a settlement (Safaricom)
Primerio
Airtel Kenya requests probe of Safaricom for abuse of dominance in mobile money transfer market* Mobile payment wars heating up in Kenya Airtel Networks Kenya Limited (“Airtel”) has joined forces with Kenya-based Equity Bank to launch a similar mobile banking product, M-KESHO in July 2014 to (...)

The Moldovan Competition Authority investigates the pricing of postpaid mobile services by the incumbent operator (Moldtelecom)
University of Technology (Tallinn)
On 25 November 2011 the Moldovan Competition Authority (CC) received a complaint lodged by the mobile telecom company IM Moldcell SA alleging the existence of an abuse of dominant position on the mobile telecommunications market on the part of the incumbent telecom operator Moldtelecom SA. The (...)

The US DoJ issues statement as regards the closing of an investigation into the use of a portfolio of standards-essential patents on the pursuit of obtaining exclusion orders from the US ITC relating to certain iPhone and iPad models (Samsung)
DLA Piper Weiss-Tessbach (Vienna)
U.S. DOJ closes its investigation of Samsung’s use of its SEPs* On February 7, 2014 the Department of Justice (“DOJ”) issued a statement declaring that it closed its investigation into Samsung Electronics Co. Ltd.’s (“Samsung”) use of its Standards-Essential Patent (“SEP”) portfolio to license (...)

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 Moldovan Competition Authority investigates the alleged predatory pricing of mobile telecommunications services by the incumbent operator (Moldtelecom)
University of Technology (Tallinn)
On 17 June 2011 the Moldovan Competition Authority (CC) received a complaint lodged by the mobile telecom company IM Moldcell SA alleging the existence of an abuse of dominant position on the mobile telecommunications market on the part of the incumbent telecom operator Moldtelecom SA. The (...)

The Albanian Competition Authority asks to telecoms regulatory body and mobile operator for market adjustment without imposing fine and requiring commitments in a case of alleged abuse of dominance in the mobile telephony market (Vodafone Albania)
Albanian Competition Authority
Market playing rules can be compared to those of a soccer match in the sense that every wrong interference from a player worries the opponent but the foul punishment depends on the referee (in the case of competition the Antitrust body). The referee can decide whether not to punish at all, give (...)

The Italian Court awards to a local telecom operator damages in a follow-on case of a margin squeeze decision against the incumbent operator (Brennercom / Telecom Italia)
Studio Legale Scoccini E Associati
Introduction On the December 27 2013, the Enterprises Court of Milan awarded damages to Brennercom, a fixed-line telecom operator active in the north-east of Italy, in respect of a claim brought against Telecom Italia. This case arose as a follow-on action from a decision of the Italian (...)

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 Moldovan Competition Authority finds no dumping practices in the bundled packages on the telecommunications market (IM Sun Communications)
University of Technology (Tallinn)
On 5 December 2013 the Moldovan Competition Authority (CC) has confirmed the absence of dumping prices on the market for various telecommunications services (IPTV, fixed telephony and Internet). The no-infringement decision issued by the CC was based on the absence of anti-competitive effects (...)

The Slovenian Supreme Court annuls the Competition Authority’s infringement decision against telecom company for abuse of dominance in the market for the provision of mobile telecommunications services to end customers (Itak Džabest)
Fatur Law Firm (Ljubljana)
On 26 November 2013, the Supreme Court of the Republic of Slovenia ruled in case G 9/2012, Telekom Slovenije v. Slovenian Competition Protection Agency (hereinafter referred to as CPA). The Supreme Court annulled the CPA’s decision (Case 306-14/2009), which found anti-competitive conduct on the (...)

The Colombian Competition Authority reaffirms the country’s first serious fine in a case against a mobile telecommunications company for abuse of dominance (COMCEL / America Movil)
Cortazar Urdaneta & Cia
The case In November 2013 the Colombian competition authority (Superintendence of Industry and Commerce - SIC) decided the administrative appeal for review filed by COMCEL against the decision taken in September 2013 finding that between September of 2011 and March of 2012 the company had (...)

The Lisbon Court of Appeal states that the limitation period of a claim for damages caused by anticompetitive behaviour starts with the awareness of the facts by the claimant and not with the Competition Authority’s decision (ADSL)
Pares Advogados
On 31 October 2013, the Lisbon Court of Appeal confirmed the decision of the Lisbon Court of First Instance, denying the appellant the right to claim compensation for the losses suffered due to abuse of dominant position by Portugal Telecom and ZON between 2002 and 2003, fined by the Portuguese (...)

The Guangdong High Court upholds Shenzhen Intermediate Court decision in abuse of dominance case involving IP rights (Huawei / Interdigital)
First Principles Economics (FPE)
Guangdong High Court largely upholds Shenzhen Intermediate Court decision, requires Interdigital to pay full amount of damages requested by Huawei, and stipulates 0.019% maximum patent licencing fee. On Monday 28th October 2013 the Guangdong High Court reached its decision in the ongoing (...)

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 Competition Commission of South Africa receives a complaint against the dominant incumbent mobile operators concerning discriminatory pricing (Cell C / MTN Vodacom)
Primerio
South Africa’s mobile operators under attack for discriminatory “on-net” pricing* Cell C (one of South Africa’s top 3 mobile telecommunications providers) has filed a complaint against competitors MTN and Vodacom with the Competition Commission, according to its press statement dated October 9, (...)

The Moldovan Competition Authority investigates predatory pricing on the mobile telecommunications market (Orange-Moldova)
University of Technology (Tallinn)
In 2011 the Moldovan Competition Authority (CC) received a complaint lodged by the incumbent telecom operator Moldtelecom SA alleging the existence of an abuse of dominant position on the mobile telecommunications market committed by IS Orange-Moldova SA. The applicant submitted that (...)

The Moldovan Competition Authority investigates the pricing of SMS/MMS services on the telecommunications market (Orange-Moldova)
University of Technology (Tallinn)
On 12 July 2011 the Moldovan Competition Authority (CC) received a complaint lodged by the telecom operator IM Moldcell SA alleging the existence of an abuse of dominant position on the mobile telecommunications market committed by IS Orange-Moldova SA. The applicant submitted that (...)

The U.S. Court of Western District of Washington makes determinations of the RAND licensing terms for a standard essential patent (Microsoft / Motorola)
DLA Piper Weiss-Tessbach (Vienna)
U.S. District Court for the Western District of Washington makes determinations of RAND licensing terms* On 25 April 2013 Judge Robart issued the non-confidential version of his Findings of Fact and Conclusions of Law in the Microsoft Corp. v. Motorola Inc. case. This is the first time that a (...)

The Romanian Competition Council opens a public consultation in respect of the commitments undertaken by telecom operators regarding the mobile termination rates (Orange, Vodafone, Cosmote and Digi Mobil)
Mircea & Partners (Bucharest)
The Romanian Competition Council starts a market test in respect of commitments regarding the mobile termination rates* The Romanian Competition Council (RCC) launched on 13 August 2013, the market test of the commitments proposed by the Romanian mobile network operators - Orange, Vodafone, (...)

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 (...)

The Competition Tribunal of South Africa confirms the second significant administrative penalty imposed on the national incumbent provider of fixed line telecommunication services for engaging in the practice of margin squeeze (Telkom)
Nortons Incorporated
South Africa: Telkom fined again…* South Africa’s Competition Tribunal had a busy week last week tasked with considering the proposed penalties for the various construction companies and also confirming the second significant administrative penalty on South Africa’s incumbent provider of fixed (...)

The Paris Court of appeal upholds the competition authority’s decision holding that a parent company and its subsidiary are jointly liable for an abuse of dominance in the french overseas departments (Orange Caraïbe)
Herbert Smith Freehills (Paris)
Introduction On July 4 2013, the Paris Court of Appeal upheld for the most part the decision of the French competition authority (the ADLC) imposing a 60 million euro fine on Orange Caraïbe and its parent company France Télécom for having abused their dominant position in the French overseas (...)

The Turkish Competition Authority fines a telecom company, suspected of abusing its dominant position, for obstructing the inspection of its business premises during an ongoing investigation (TTNET)
Queen Mary University (London)
I. BACKGROUND TTNET is the Turkey’s largest broadband provider and a subsidiary of Turk Telekom Group. The Turkish Competition Authority (TCA) had started proceedings due to the complaints received against TTNET. These complaints focused on two main allegations. As such were, on the one hand, (...)

The Italian Competition Authority fines Italy’s largest telecoms operator for creating obstacles for competitors trying to access infrastructure networks (Telecom Italia)
Simmons & Simmons (Milano)
In brief €103.8m fine for Telecom Italia in abuse of dominance case Findings of discrimination against competitors and margin squeeze Italian Competition Authority continues to focus on the Italian telecommunications market, as Telecom Italia faces a difficult challenge to protect its (...)

The Italian Competition Authority fines a telecom operator for unilateral practices in wholesale broadband markets (Telecom Italia)
European Commission (Brussels)
Italy: The Competition Authority fines Telecom Italia for Unilateral Practices in Wholesale Broadband Markets* On 9 May 2013, following complaints lodged by two Italian telecommunications providers (OAO - other authorized operators), the Italian Competition Authority (ICA) fined Telecom (...)

The Italian Competition Authority fines incumbent telecom operator approximately EUR 104 M for ‘constructive’ refusal to supply and margin squeeze (Wind - Fastweb / Telecom Italia)
Bonelli Erede (Rome)
On 9 May 2013, the Italian Competition Authority (the ’ICA’) adopted an infringement decision against Telecom Italia (’Telecom’) fining the incumbent operator approximately EUR 104 million for having abused its dominant position in the voice communications and broadband internet access services (...)

The EU Commission sends statement of objections to a telecom operator over standard essential patents (Motorola Mobility)
Van Bael & Bellis
,
White & Case (Brussels)
On 6 May 2013, the European Commission announced that it had formally sent Motorola Mobility a Statement of Objections (SO) over the company’s alleged misuse of mobile phone standard essential patents (SEPs). The Commission believes that Motorola Mobility abused its dominant position in (...)

The US Court of Western District of Washington finds that the patented technology didn’t play a significant role for the overall functionality of the plaintiff’s products (Microsoft/Motorola)
Weil, Gotshal & Manges (Washington)
District Court Enters the FRAND Fray* A number of federal court decisions and recent enforcement actions by the US antitrust agencies have highlighted the importance of abiding by commitments to license patents that have been declared essential (SEPs) on “fair, reasonable, and (...)

The Swedish Court of Appeal endorses the EU Court of Justice’s finding of abuse of dominance in margin squeeze case (TeliaSonera)
Mircea & Partners (Bucharest)
I. Introduction On the 17 of February 2011 the Court of Justice of the European Union released its preliminary ruling in Case C-52/09 Konkurrensverket v TeliaSonera. At the origin of this litigation we could find an application for summons issued by Konkurrensverket on 21 December 2004. After (...)

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 US Supreme Court reverses the decisions of the lower courts and emphasizes that any model supporting a plaintiff’s damages case must be consistent with its liability case (Comcast / Behrend)
Sheppard Mullin (Washington)
Comcast v. Behrend Sets a Higher Bar for Class Certification* On March 27, 2013, the U.S. Supreme Court continued its recent trend of imposing more stringent standards for class certification in Comcast Corporation v. Behrend, 569 U.S. ___ (2013). At issue was whether the proponents of (...)

The German Regional Court of Düsseldorf makes reference for a preliminary ruling to the CJEU on standard-essential patents (Huawei / ZTE)
Ashurst (Milan)
German Court makes reference for a preliminary ruling to the CJEU on standard-essential patents* On 21 March 2013, the Landgericht Düsseldorf (“Düsseldorf Regional Court”) made a reference (the order is only available in German) for a preliminary ruling to the Court of Justice of the European (...)

The Polish Office of Competition and Consumer Protection opens proceedings against mobile telephony operators for alleged abuse of collective dominant position (Polska Telefonia Cyfrowa, Centertel, Polkomtel)
European Commission (Brussels)
Poland: The Office of Competition and Consumer Protection (UOKiK) opens Proceedings against Mobile Telephony Operators for alleged Abuse of Collective Dominant Position* On 18 March 2013, the President of the Polish Office of Competition and Consumer Protection (UOKiK) opened antimonopoly (...)

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 Supreme Administrative Court of Lithuania draws the limitations of the Competition Authority’s discretion to close the investigation under the Rules of Procedure (Viasat)
Klavins Ellex
Viasat case is a national precedent setting the boundaries of the discretion of Lithuania competition authority to close the investigation subject to undertakings. In 2009 Lithuanian competition authority launched an investigation into the alleged infringement of Article 102 TFEU and its (...)

The Lithuanian Supreme Administrative Court declares that the Competition Council has to perform new evaluation of commitments since its decision lacked motives and was inconsistent (TEO / Viasat)
Law firm of Raimundas Moisejevas (Vilnius)
Background On 22 November 2011, the Lithuanian Competition Council passed resolution on termination of investigation proceedings concerning conformity of Viasat World Limited and Viasat AS actions to the Article 9 of the Competition law. The present article of the Competition law prohibited (...)

The Court of Milan orders the incumbent telecoms operator to pay €1.8m damages to a licensed operator in a follow on action for abuse of a dominant position (Telecom Italia / OKcom)
Simmons & Simmons (Milano)
In a further follow on action of note, the Court of Milan published a judgment on 13 February 2013, ordering Telecom Italia to pay damages of some €1.8m to OKcom. OKcom had sought compensation for harm it claimed to have suffered through Telecom Italia, the incumbent telecoms operator, abusing (...)

The Shenzhen Intermediate Court decides that a telecom company abused its patent rights by requiring to pay excessive royalties for essential patents for mobile telephone technology (Huawei / America IDC)
Renmin University of China
I. The background of Huawei vs. America IDC anti-monopoly case for abuse of essential patents in standard In this case, the plaintiff, Huawei Technology Co., Ltd. (hereinafter referred to “Huawei”) mainly provides products and services to the communication operators, professional network owners, (...)

The Mexican Competition Commission fines fixed-line incumbent approximately EUR 39.5 M for repeatedly refusing interconnection to closest competitor (Axtel / Telmex Group)
Chanel
Following a complaint by Axtel, one of the alternative telecom suppliers in Mexico, to the Mexican Federal Competition Commission (the “FCC”) in 2010, against Telmex and its subsidiary Telnor (the “Telmex Group”) for refusal to supply rental services of national short-and long-distance dedicated (...)

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 EU Commission sends statement of objections regarding its alleged abuse of mobile phone standard-essential patents (Samsung)
Ashurst (Milan)
European Commission sends Samsung Statements of Objections regarding its alleged abuse of mobile phone standard-essential patents* On 21 December 2012, the European Commission sent a Statement of Objections to Samsung, based on concerns that Samsung’s conduct in seeking injunctions against (...)

The EU Commission sends a statement of objections to a mobile operator over alleged misuse of mobile phone standard essential patents (Samsung)
Van Bael & Bellis
On 21 December 2012, the European Commission announced that it had sent Samsung a Statement of Objections (“SO”) over its alleged misuse of mobile phone standard essential patents. In January 2012, the Commission had opened a formal investigation against Samsung Electronics following (...)

The Spanish Competition Authority fines three mobile operators for abusing their dominant position in wholesale telephone short messaging markets (Telefónica, Vodafone and Orange)
European Commission (Brussels)
Spain: The Comisión Nacional de la Competencia fines Telefónica, Vodafone and Orange for abusing their Dominant Position in Wholesale Telephone Short Messaging Markets* In its resolution of 19 December 2012, the Comisión Nacional de la Competencia (CNC) Council found that the three mobile (...)

The Spanish Competition Authority imposes fines of nearly € 120 M on telecom operators for having abused of their dominant position in the wholesale telephone sort messaging market (Telefonica / Vodafone / Orange)
University of Castilla-La-Mancha (UCLM)
The Council of the CNC (Comisión Nacional de la Competencia) has ordered fines of € 46.490,00 on Telefónica Móviles España, € 43.525,00 on Vodafone and € 29.950,00 on Orange. In January of 2011 the Investigations Division of the Spanish Competition Authority opened an infringement proceeding against (...)

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 fines two leading mobile phone operators for applying unjustified rate differentiation practices between calls made within their own network and calls to a rival network (Orange, SFR)
European Commission (Brussels)
France: The Autorité de la concurrence fines two Telecom Operators in Mobile Telephony Sector* On 13 December 2012, following a complaint by Bouygues Télécom, a mobile phone operator, the Autorité de la concurrence (the Autorité) fined the two leading mobile phone operators, Orange and SFR a (...)

The French Competition Authority fines two mobile phone operators for abusing their dominant position on the French mobile phone market (Orange France, SFR)
University Dublin College (UCD)
On 13 December 2012, The French National Competition Authority (Autorité de la concurrence,hereafter “the FCA”) fined two of the three major French mobile network providers (Orange France and SFR) €183 million for abuse of dominant position in the mobile telephony sector. The FCA investigated the (...)

The French Competition Authority imposes fines totalling € 183.1 M on two leading mobile operators for implementing abusive rate differentiations (Orange, SFR)
Baker Botts (Brussels)
Following a complaint lodged in 2006 by the then latest market entrant, Bouygues Télécom, the French Competition Authority (hereinafter the ‘FCA’) adopted on 13 December 2012 a 171-page long decision (hereinafter the ‘Decision’) by which it sanctioned the two largest French mobile network operators (...)

The Cypriot Competition Commission imposes fine of over € 2 M on telecom authority for abusing its dominant position in the retail market for broadband access (CYTA)
European Chemicals Agency
On 10 December 2012, the Cypriot Commission for the Protection of Competition (“the CPC”) imposed fines totaling over € 2 million on the Cypriot Telecommunications Authority (“the CYTA”) for abusing its dominant position in the retail market for broadband access. The CPC found that CYTA had (...)

The China’s Bureau of Price Supervision and Anti-monopoly of NDRC initiates antitrust investigation case against telecom operators on the basis of Art 17, 18 & 19 AML (China Telecom and China Unicom)
Renmin University of China
I. Introduction 1. On November 9, 2011, “News 30min” of China Central Television(CCTV) disclosed Bureau of Price Supervision and Anti-monopoly of National Development and Reform Commission (NDRC) initiated an antitrust case against China Telecom and China Unicom, to investigate whether these two (...)

The Belgium Competition Council decides there are no grounds for action against the incumbent telecom operator for the launch of new tariff plan for fixed telephony services (Belgacom)
European Commission (Brussels)
Belgium : The Belgium Competition Council decides there are no grounds for action against Belgacom for the launch of Happy Time Tariff Plan for fixed Telephony Services* On 29 November 2012, the Competition Council (the Council) concluded that on the basis of the information in its possession (...)

The Belgian Competition Council’s College of Prosecutors dismisses complaints against telecom operator for abusing its dominant position in the market for fixed telephony, due to margin squeeze on its "Happy Time offer" (Tele2 / Belgacom)
Liège University - IEJE
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Altius (Brussels)
I. The Parties Belgacom S.A. is the incumbent operator on the Belgian telecom market and former historical operator. In 2005, Tele2 was a 100% subsidiary of a Swedish company. In the meantime, this company was sold to KPN, a Dutch company, in 2007. II. The Facts Access to the telecommunication (...)

The French Competition Authority accepts commitments proposed by editor of printed and online directories and puts an end to its investigations in the market of sale of advertising space in those directories (PagesJaunes)
White & Case (Paris)
In a decision issued on November 22, 2012, the French Competition Authority (hereafter “the FCA”) accepted the commitments proposed by PagesJaunes SA, thereby putting an end to a procedure following complaints for abuse of dominant position, without imposing any fine. PagesJaunes is the leader (...)

The Macedonian High Administrative Court upholds the decision of the Macedonian Competition Authority prosecuting the incumbent telecom operator for establishing high prices for its digital lines leased to the rival Internet providers (Macedonian Telecom)
University of Technology (Tallinn)
On 7 November 2012 the Macedonian High Administrative Court (VUS) upheld the infringement decision of the Macedonian Competition Authority (KZK) where the latter found that the incumbent telecom operator Macedonian Telecom has infringed national equivalent of Article 102 TFEU by establishing (...)

The Cypriot Commission for Protection of Competition imposes administrative fines for refusal to provide direct access to the SMS Centre (Thunderworx/CYTA)
Commission for the Protection of Competition of the Republic of Cyprus
The Commission for the Protection of Competition (CPC) decided to impose on the Cyprus Telecommunications Authority (CYTA) administrative fines amounting to €960,000 regarding the infringement of sections 6(1) (b) and 6(1) (c) of the Protection of Competition Law (L. 13(I)/2008) in relation to (...)

The Czech Office for Protection of Competition again fines telecoms operator for abuse of dominance on the market for telecom services for business customers (Telefónica Czech Republic)
Kinstellar (Prague)
Subject matter of the case: a first decision of the Office The Office for the Protection of Competition ("Office") imposed a fine of CZK 93,109,000 (approximately EUR 3,724,000 ) on Telefónica Czech Republic, a.s. ("Telefónica") for abuse of dominance on the market for public telecom services (...)

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 Competition Tribunal of South Africa rules on exclusionary conduct in the telecommunications industry (Telkom)
University of Johannesburg
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Centre for Competition, Regulation and Economic Development (CCRED)
Over eight years after the matter was referred, on 7 August 2012 the Competition Tribunal found Telkom had abused its dominant position in refusing to provide access to an essential facility to competitors in the form of independent Value Added Network Service providers (VANS), and in inducing (...)

The Italian Competition Authority closes case against telecom incumbent with commitments (Telecom Italia)
European Commission (Brussels)
Italy: The Italian Competition Authority closes Case against Telecom Italia with Commitments* On 19 June 2012, the Italian Competition Authority (ICA) decided to accept the commitments offered by Telecom Italia S.p.A. (Telecom Italia) in an abuse of dominant position case in which Telecom (...)

The Brussels Court of Appeal rules that the right to have access to a file implies the right to obtain a copy of the documents in that file (Belgacom, KPN Group Belgium, Mobistar)
Ravago group
In its judgment of 29 May 2012 the Court of Appeal of Brussels decided that a party that was granted access to the procedural file of the national competition authority within the framework of an appeal procedure, should also have the right to obtain a copy of the documents that are part of (...)

The EU Commission sends statement of objections to telecom operators regarding their behaviour on several wholesale broadband markets in Slovakia (Slovak Telekom, Deutsche Telekom)
Van Bael & Bellis (Brussels)
On 8 May 2012, the European Commission announced that it had issued a statement of objections to Slovak Telekom a.s. and its parent company, Deutsche Telekom AG, regarding their behaviour on several wholesale broadband markets in Slovakia. According to the Commission’s press release, the (...)

The Mexican Competition Commission accepts commitments and revokes monopolization fine imposed on telecommunications company (Telcel)
Jones Day (Mexico)
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Jones Day (Mexico)
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Jones Day (Mexico)
The Mexican Federal Competition Commission ("CFC") has revoked a fine of approximately US $1 billion that it had imposed on Mexican telecommunications company Radiomóvil Dipsa, S.A de C.V. (Telcel), a subsidiary of América Móvil, owned by Mexican billionaire Carlos Slim.The revocation resulted (...)

The Mexican Federal Competition Commission annuls abuse of dominance fine imposed on telecoms giant (America Movil)
Mircea & Partners (Bucharest)
America Movil abuse of dominance case seems to be a”happy-end” story but not for everybody* Everybody at America Movil (”AM”) – and especially its owner, Mr.Carlos Slim – should have welcomed with a sense of relief the (somehow unexpected) turn in the saga which started last year when the Mexican (...)

The Guangdong Higher People’s Court of China holds the first hearing for abuse of dominance in the market of online instant communications services (360 / QQ)
King & Wood Mallesons (Beijing)
360 v. QQ-Abuse of Dominance Action Tried at Guangdong Higher Court* On April 18, the Guangdong Higher People’s Court held the first court hearing for the abuse of dominance action filed by Qihoo (the operator of 360 safety software) against Tencent (the operator of QQ instant messaging (...)

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)
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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 EU General Court establishes the responsibility of a dominant undertaking to prevent the margin squeeze within the limits imposed by ex-ante regulation (Telefónica)
Blackstone Chambers
Ex ante and ex post regulation following Telefónica* Hats off to Spain for having the nerve to suggest that it might have been a better target for the Commission’s attention than Telefónica, the former monopoly telecoms provider recently fined over €150 million for committing a margin squeeze in (...)

The Czech Régional Court of Brno holds that a request for information is inadmissible only if clearly excessive in a case concerning an abuse of dominance in the telecom sector (Telefonica)
Kinstellar (Prague)
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Kinstellar (Prague)
Subject matter of the case In March 2011, the Office for Protection of Competition (the “Office”) initiated administrative proceedings against Telefónica Czech Republic (“Telefónica“) for alleged abuse of dominant position by means of a margin squeeze in the market of access to Internet services (...)

The EU General Court dismisses Spain’s appeal against the Commission’s infringement decision that held national telecom incumbent liable for an abusive margin squeeze in the regulated Spanish broadband market (Spain / Commission)
German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht )
On 29 March 2012 the General Court ("GC") of the European Union dismissed an appeal lodged by the Spanish state against a Commission decision of 4 July 2007 that imposed a €151 million fine on Telefónica for a margin squeeze in the Spanish broadband market. The GC’s judgment confirms the (...)

The EU General Court dismisses Spanish telecom incumbent’s appeal against a Commission decision that imposed a €151 million fine on the company for a margin squeeze in the regulated national broadband market (Telefónica)
German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht )
On 29 March 2012 the General Court (“GC”) of the European Union dismissed an appeal lodged by Telefónica and its wholly owned subsidiary Telefónica España (hereinafter “Telefónica”) against a Commission decision of 4 July 2007 that imposed a €151 million fine on the company for having abused its (...)

The EU Court of Justice endorses an effects-based approach on the assessment of low pricing policy under Article 102 TFEU (Post Danmark)
University of Amsterdam
Post Danmark: does the ECJ take the effects based approach further than a mere price/cost-test and does it oblige the national judge to apply that effects based approach ex nunc?* In a grand chamber judgment in case C‑209/10, Post Danmark, the European Court of Justice (ECJ) handed down a (...)

The Greek Competition Authority accepts commitments in a pay-TV case (Forthnet, Multichoice)
European Commission (Brussels)
Greece: The Competition Commission accepts Commitments in Digital Satellite Pay-TV Case* On 26 March 2012, the Grand Chamber of the Hellenic Competition Commission (HCC) decided, by a majority vote, to accept the commitments proposed by Forthnet S.A (Forthnet) and its subsidiary, Multichoice (...)

The EU General Court states that the EU Commission is entitled to request a party to provide pre-accession information for the purpose of evaluating an alleged abuse of dominant position in the telecom sector (Slovak Telekom)
Kinstellar (Prague)
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Kinstellar
Factual background On 22 March 2012, the General Court dismissed the actions brought by Slovak Telekom a.s. (“ST”) against the European Commission (the “Commission”) in joined cases T-458/09 and T-171/10 and upheld the Commission’s decisions C(2009) 6840 of 3 September 2009 (the “Decision I”) and (...)

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 Slovenian Competition Authority fines abuse of dominant position in mobile telecommunications market (Telekom Slovenije)
European Commission (Brussels)
Slovenia: The Competition Protection Office fines Abuse of Dominant Position in Mobile Telecommunications Market * On 13 February 2012, the Competition Protection Office of the Republic of Slovenia (CPO) issued a decision finding that Telekom Slovenije d.d. (previously Mobitel d.d., a (...)

The French Supreme Court rejects the argument that the absence of other EU telecom operators in the overseas territories may imply no effect on the interstate trade, thus confirming the applicability of Article 102 TFEU (France Télécom, Orange Caraïbe)
University of Amsterdam
EU-Competition Law in the Overseas: some recent French precedents* Parts of the territory of some EU-Member States are situated overseas. Does EU-Competition law apply there? Some recent French precedents answer this question. According to Art. 52 TEU the EU-treaties apply to the 27 Member (...)

The French Civil Supreme Court invalidates the restrictive interpretation of the concept of the effect on trade between member States (Orange Caraïbe)
Vogel & Vogel
In 2004, Orange Caraïbe was subject to protective measures in order to put an end to anticompetitive practices on the mobile phone market in the French Caribbean. Five years later, the Competition Authority (AdlC) handed down a 63 million euro fine to Groupe France Telecom. On 23 September 2010, (...)

The French Competition Authority fines an overseas mobile phone operator for breach of interim measures (SRR)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines SRR (a subsidiary of SFR) for not having fully complied with the Autorité’s decision enjoining it to put an end to the excessive differences in prices it charged depending on (...)

The French Competition Authority fines overseas mobile phone operator for non-compliance with interim measures (SRR)
European Commission (Brussels)
France: The Autorité de la concurrence fines Overseas Mobile Phone Operator for non- compliance with Interim Measures* On 24 January 2012, the Autorité de la concurrence (the Autorité) issued a decision fining SRR, a subsidiary of the mainland mobile phone operator SFR, for not complying with the (...)

A Swedish Court orders a telecoms operator to pay a fine of approximately € 15 000 000 for infringing art. 102 TFEU (Telia Sonera)
European Commission (Brussels)
Sweden: The Stockholm City Court orders Telia Sonera to pay a Fine of approximately € 15 000 000 for infringing Article 102 TFEU* On 2 December 2011, the Stockholm City Court (the City Court) ordered Telia Sonera Sverige AB (Telia Sonera) to pay an administrative fine amounting to SEK 144 000 (...)

The Chinese National Development and Reform Commission’s investigates alleged discriminatory pricing of network access fees (China Telecom and China Unicom)
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies
On 2 December 2011, the National Development and Reform Commission (NDRC) confirmed that it had received an application for suspension of its investigation from both China Telecom and China Unicom. The NDRC has been investigating China Telecom and China Unicom for alleged discriminatory (...)

The Lithuanian Competition Council accepts commitments by distributors of TV channels (Viasat World and Viasat)
European Commission (Brussels)
Lithuania: Competition Council accepts Commitments by Viasat World Limited and Viasat AS in Distribution of TV Channels* On 22 November 2011, the Competition Council (CC) closed an investigation into a possible abuse of dominance by Viasat World Limited and Viasat AS (representative of Viasat (...)

The Chinese National Development and Reform Commission (NDRC) confirms investigation for abuse of dominance against two giant State-owned telecommunication operators (China Telecom, China Unicom)
King & Wood Mallesons (Beijing)
Earlier Rumor Confirmed: China Telecom and China Unicom under Antitrust Investigation* On November 9, 2011, an earlier rumor indicating that China Telecom is under antitrust investigation for alleged abuse of dominance in the broadband market was confirmed by the National Development and (...)

The Competition Authority of Bosnia & Herzegovina closes the investigation into the alleged abusive practices of the incumbent telecom operator without reaching a decision on the merits (Telekom RS / Crumb group)
University of Technology (Tallinn)
On 12 October 2011 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 Telekom RS. The KV‘s investigation was prompted by a complaint lodged by an independent telecom (...)

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 US Senate Committee on the Judiciary Subcommittee on Antitrust conducts antitrust hearings on abuse of dominance investigation in the web search industry (Google)
Rimm-Kaufman Group (Charlottesville, VA)
Google Antitrust Hearing: 5 Takeaways* While yesterday’s Senate antitrust hearing on Google practices may have been more about spectacle than action, it was an opportunity to gain insights into the mindset of Google and the government officials that may seek to intervene in their operations. (...)

The Luxembourg Competition Council holds that cable operator did not properly implemented all the corrective measures imposed in its decision concerning an abuse of dominant position in the market for the distribution of TV programs by cable, DSL and satellite (CODITEL)
Brown Brothers Harriman (BBH) (Luxembourg)
,
Arendt & Medernach (Luxembourg)
FACTS OF THE DECISION The Luxembourg Competition Council (“the Competition Council”) issued a first decision on 10 December 2010 (“the Decision”) sanctioning Coditel under Article 5 of the Luxembourg competition Act (the “Competition Act”) on the grounds it abused its dominant position on the market (...)

The EU Commission imposes on Polish telecoms operator a fine of € 127.5 M for refusing to supply wholesale broadband products to alternative operators (Telekomunikacja Polska)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
"Telekomunikacja Polska Decision: competition law enforcement in regulated markets"* 1. Introduction On 22 June 2011 the Commission imposed on telecoms operator Telekomunikacja Polska S.A. (TP) a fine of € 127.5 million for refusing to supply wholesale broadband products to alternative (...)

The European Commission imposes on telecoms operator a fine of € 127 000 000 for abusing its dominant position (Telekomunikacja Polska)
European Commission (Brussels)
European Commission fines Telekomunikacja Polska S.A. € 127 000 000 for Abuse of Dominant Position* On 22 June 2011, the European Commission (the Commission) imposed on telecoms operator Telekomunikacja Polska S.A. (TP) a fine of € 127 000 000 for abusing its dominant position in the Polish (...)

The EU Court of Justice clarifies powers of Competition Authorities enforcing EU competition rules under EC Reg. 1/2003 in a telecom case (Tele2 Polska)
European Commission (Brussels)
European Courts: ECJ clarifies Powers of National Competition Authorities enforcing EU Competition Rules* On 3 May 2011, the Court of Justice of the European Union gave judgment in the Tele2 Polska case concerning the interpretation of Article 5 of Council Regulation (EC) 1/2003. The Court (...)

The Mexican Federal Competition Commission (COFECO) issues highest fine ever against a mobile service provider company for engaging in “relative monopolistic practices” (Telcel)
Womerang
The Mexican Federal Competition Commission’s highest fine ever* On April 25, 2011, the Mexican Federal Competition Commission (“COFECO”) moved to sanction Mexico’s largest mobile telephone service provider, Radiomovil Dipsa, S.A de C.V. (“Telcel”), with a fine of almost 12,000 million Mexican pesos (...)

The Swiss Supreme Court upholds the annulment of the record fine on the historical telecom operator for excessive pricing in mobile termination fees (Swisscom / Comco)
Swiss Competition Commission
On 11th April 2011, the Swiss Supreme Court rendered its long-awaited decision in the mobile termination fees case about an alleged abuse of dominance of Swisscom, the Swiss historical telecom operator. In 2007, the Swiss Competition Commission (Comco) has imposed a record fine of over 200 (...)

The EU Commission is called on to assess whether a company in the online search market has abused of its dominant position under Art. 102 TFEU (Microsoft, Google)
University of South Australia
Microsoft v. Google – Clash of the Titans* On Behalf of the Antitrust Community, A Big Thank You – Antitrust law professors should be grateful to Microsoft (hereafter, “MSFT”). As a repeat offender of the competition laws, MSFT has provided scholars with loads of research and educational material (...)

The EU Court of Justice issues a preliminary ruling in a case concerning price squeeze abuses providing clear guidance on this issue (TeliaSonera)
Jones Day (Brussels)
,
Jones Day (Brussels)
On 17 February 2011, the European Union Court of Justice ("CJ") issued a preliminary ruling in an ongoing case concerning price squeeze abuses. Questions were referred to the CJ from the Stockholm District Court, which has before it a case between Swedish telecommunications company TeliaSonera (...)

The EU Court of Justice clarifies the scope of the law in relation to pricing practices of vertically integrated companies in the telecommunications sector (TeliaSonera)
McDermott Will & Emery (Brussels)
,
Siemens
,
Jones Day (Brussels)
This article is the winner for the business category, economics section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction On 17 February 2011, the European Court of Justice (ECJ) – on a reference for a preliminary ruling by the (...)

The EU Court of Justice clarifies the scope of the law in relation to pricing practices of vertically integrated companies in the telecommunications sector (TeliaSonera)
McDermott Will & Emery (Brussels)
,
Siemens
,
Jones Day (Brussels)
This article is the winner for the business category, economics section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction On 17 February 2011, the European Court of Justice (ECJ) – on a reference for a preliminary ruling by the (...)

The European Court of Justice clarifies the scope of the law in relation to pricing practices of vertically integrated companies in the telecommunications sector (TeliaSonera)
McDermott Will & Emery (Brussels)
,
Siemens
,
Jones Day (Brussels)
This article is the winner for the business category, economics section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction On 17 February 2011, the European Court of Justice (ECJ) – on a reference for a preliminary ruling by the (...)

The European Court of Justice clarifies the scope of the law in relation to pricing practices of vertically integrated companies in the telecommunications sector (TeliaSonera)
McDermott Will & Emery (Brussels)
,
Siemens
,
Jones Day (Brussels)
This article is the winner for the business category, economics section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction On 17 February 2011, the European Court of Justice (ECJ) – on a reference for a preliminary ruling by the (...)

The EU Court of Justice holds a preliminary ruling in a margin squeeze case in the telecomunications sector (TeliaSonera Sverige)
Airbus Defence and Space (Toulouse)
,
European Commission - DG CNECT
The opinions expressed in this article are the personal views of the individual authors and do not necessarily represent the views of the employers of the authors. Warm thanks are expressed to Dilip Roy, Ben Harries and Simon Maunder for their contribution to this paper. Background Until the (...)

The European Court of Justice holds a decision on margin squeeze in the telecomunications sector addressing the issue of indispensability (TeliaSonera)
Cleary Gottlieb Steen & Hamilton (Brussels)
How Indispensable Is Indispensability?* In its recent TeliaSonera judgment, the Court of Justice discusses whether a margin squeeze can only be abusive if the dominant company has a duty to supply the input at issue. The Court concludes that a duty to supply is not needed. The judgment, (...)

The EU Court of Justice holds a decision on margin squeeze in the telecomunications sector addressing the issue of indispensability (TeliaSonera)
Cleary Gottlieb Steen & Hamilton (Brussels)
How Indispensable Is Indispensability?* In its recent TeliaSonera judgment, the Court of Justice discusses whether a margin squeeze can only be abusive if the dominant company has a duty to supply the input at issue. The Court concludes that a duty to supply is not needed. The judgment, (...)

The EU Court of Justice holds a decision on margin squeeze in the telecomunications sector addressing the issue of indispensability (TeliaSonera)
Cleary Gottlieb Steen & Hamilton (Brussels)
How Indispensable Is Indispensability?* In its recent TeliaSonera judgment, the Court of Justice discusses whether a margin squeeze can only be abusive if the dominant company has a duty to supply the input at issue. The Court concludes that a duty to supply is not needed. The judgment, (...)

The Swedish Competition Authority welcomes the EU Court of Justice preliminary ruling on "margin squeeze" as a stand alone antitrust abuse in the telecom sector (TeliaSonera)
European Commission (Brussels)
Sweden: The Competition Authority welcomes ECJ Judgment on Competition in the Telecom Sector* The Swedish Competition Authority (the Authority) welcomes the Judgment of the European Court of Justice (ECJ) of 17 February 2011 in the case C-52/09, Konkurrensverket against TeliaSonera Sverige AB. (...)

The European Court of Justice holds a decision on margin squeezes in the telecomunications sector addressing the issue of indispensability (TeliaSonera)
Cleary Gottlieb Steen & Hamilton (Brussels)
How Indispensable Is Indispensability?* In its recent TeliaSonera judgment, the Court of Justice discusses whether a margin squeeze can only be abusive if the dominant company has a duty to supply the input at issue. The Court concludes that a duty to supply is not needed. The judgment, (...)

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 Paris Court of Appeal quashes the decision of the French Competition Authority in a margin squeeze case (SFR-France Telecom)
Keller and Heckman (Paris)
On 27th January 2011, the Paris Court of Appeal, following two remands from the Supreme Court, finally handed down a decision confirming the last decision of the French Supreme Court (Cour de cassation)in the margin squeeze case in the telecom sector. In its last decision, the Supreme Court set (...)

The Spanish Competition Commission opens formal proceedings against three telecommunications operators (Telefónica Móviles, Vodafone and Orange)
European Commission (Brussels)
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

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 Luxembourg Competition Council releases a decision imposing remedies on an undertaking active on the cabled distribution market (Coditel)
Brown Brothers Harriman (BBH) (Luxembourg)
,
Arendt & Medernach (Luxembourg)
On 10 December 2010, the Luxembourg Competition Council (“the Council”) has adopted the decision N°2010-FO-02 providing an assessment of the competition law situation on the TV cabled distribution market. Beside a previous decision where the President of the Council has imposed “interim measures” (...)

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 Cyprus Competition authority fines the telecommunications incumbent over € 3 M for abusing its dominant position once again (Netsmart, Thunderworx)
Antoniou Advocates
NETSMART (CYPRUS) LTD (“Netsmart”) and THUNDERWORX LTD (“Thunderworx”) both undertakings active in the telecommunications industry, had filed to the Commission for the Protection of Competition (“CPC”) separate complaints in 2007 and 2005 respectively, both against CYTA, a Public Law undertaking (...)

The EU Court of Justice upholds the €12.6 million fine imposed by the EU Commission for abuse of dominant position in the German telephony fixed market (Deutsche Telekom)
Dentons (Brussels)
,
BDO Legal Rechtsanwaltsgesellschaft mbH
On October 14, the Court of Justice of the European Union (the Court) issued its judgment in Deutsche Telekom AG vs. Commission (Case C-280/08 P, hereinafter the “Judgment”) dismissing an appeal brought by Deutsche Telekom AG (Telekom) against a judgment of the Court of First Instance (now the (...)

The EU Court of justice rules on predatory pricing in the form of price squeeze (Deutsche Telekom)
General Court of the European Union (Luxembourg)
The case discussed in this brief has lasted several years as it gave rise to a decision adopted by the European Commission and a judgment issued by the general Court before ending up, on appeal, before the European Court of justice. As other judgments, this ruling raises the question to what (...)

The EU Court of Justice upholds EU Commission’s fine against telecommunications operator in margin squeeze case (Deutsche Telekom)
Jones Day (Brussels)
,
Jones Day (Brussels)
This article is the winner for the business category, unilateral conducts section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 14 October 2010, the European Court of Justice (ECJ) upheld the European Commission’s € 12.6 million fine on (...)

The EU Commission declares that it would not open formal proceedings following the change of policies on restrictions on the development of apps for smartphone operating system and cross-border warranties (Apple’s iPhone)
Ashurst (Milan)
European Commission closes preliminary investigations into Apple’s iPhone policies* On 25 September 2010, the European Commission declared that it would not open formal proceedings against Apple, following Apple’s iPhone change of policies on restrictions on the development of applications (or (...)

The Paris Court of Appeal rejects the applicability of Art. 101 and 102 TEU but upholds the findings that two telecom operators had abused their dominant positions in the telephony markets (Orange Caraïbe and France Telecom)
French Competition Authority (Paris)
The Court of Appeal ruled on 23 September 2010 in the Orange Caraïbe case. It mainly upheld the findings of the French Competition Authority. Nonetheless, ruling out the applicability of Article 101 and 102 on doubtful grounds, it also quashed the decision insofar it found a margin squeeze in (...)

The ECJ Advocate General Mázak adopts opinion that limits the application of the margin squeeze theory to regulated markets and indispensable inputs (TeliaSonera Sverige)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 2 September 2010, Ján Mázak, an Advocate General (“AG”) at the European Court of Justice (“ECJ”), published his opinion in a case considering whether TeliaSonera, the Swedish telecom incumbent, abused its dominant position as the owner of the country’s telephony infrastructure by engaging in a (...)

The Czech Supreme Administrative Court maintains strict view on ’loyalty’ discounts when it cancels for the second time Regional Court of Brno’s judgment (Telefonica O2 Czech Republic / Price Plans)
Weil, Gotshal & Manges (Prague)
On 30 July 2010, Supreme Administrative Court cancelled the judgment of Regional Court in Brno in case concerning alleged abuse of dominant position by Telefonica O2 Czech Republic (“TO2”) in connection with its so-called “price plans”, i.e. special price programs for its business customers. The (...)

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 Federal Court of Justice denies an infringement of Art. 102 TFEU holding that offering the entry to a monopolized market only under the conditions set by the Federal Network Agency does not constitute abuse (GSM-Wandler)
Gleiss Lutz (Frankfurt)
In its judgement of 29 June 2010, the Federal Court of Justice (FCJ) reversed a judgement of the Higher Regional Court of Düsseldorf. The FCJ stated that an undertaking holding a market dominant position does generally not act abusively by offering the entry to a monopolized market under the (...)

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 (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 issues an ex-officio opinion on crossed usage of client databases in the telecommunications sector
European Commission (Brussels)
France: Autorité de la concurrence issues Ex-officio Opinion on Crossed Usage of Client Databases in the Telecommunication Sector On 14 June 2010, the Autorité de la concurrence delivered an opinion on the question of crossed usage of client databases (known as “cross selling” practices), and more (...)

The EU Advocate General Mazák seeks to affirm judgment in margin squeeze case (Deutsche Telekom)
Jones Day (Brussels)
,
Jones Day (Brussels)
On 22 April 2010, Advocate General (‘AG’) Jan Mazák at the European Court of Justice (‘ECJ’) issued his opinion in Deutsche Telekom‘s appeal to the ECJ against the General Court ruling upholding the European Commission decision to impose a € 12.6 M fine on Deutsche Telekom for abusive margin squeeze. (...)

The Polish Supreme Court dismisses a cassation appeal filed by the incumbent telecommunications operator against a decision which condemned it for abusing its dominant position (Telekomunikacja Polska)
European Commission (Brussels)
Poland: UOKiK wins Case against Telekommunikacja Polska before the Supreme Court On 17 March 2010, the Supreme Court dismissed a cassation appeal filed by Telekomunikacja Polska SA (TP SA) - the Polish telecommunications incumbent - against the decision issued on 29 December 2006 by the (...)

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 EU Commission sends statement of objections for alleged refusal to supply (Telekomunikacja Polska)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 1 March 2010, the Commission announced that it had sent a Statement of Objections to incumbent Polish telecoms operator Telekomunikacja Polska (“TP”) for allegedly abusing its dominant position in the Polish wholesale broadband services market by engaging in a refusal to supply. In (...)

The Swiss Federal Administrative Court revokes CHF 333 M fine against leading telecommunications provider’s subsidiary (Swisscom Mobile)
Agon Partners (Zurich)
,
Swatch
I. Summary The Swiss Federal Administrative Court overruled a judgment rendered by the Swiss Competition Commission imposing a fine of CHF 333 M on Swisscom Mobile for abusing its dominant position by improperly enforcing inflated prices for mobile termination. II. Case 1. Parties Swisscom (...)

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 Basque Competition Authority fines a telecommunications operator for discrimination (Telefónica)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
In a decision dated 11 February 2010, the Basque Competition Authority imposed a fine of approximately € 3.4 million on Telefónica for discriminatory practices in breach of the Spanish provision equivalent to Article 102 TFEU. The Basque Competition Authority considered that Telefónica held a (...)

The Mexican Competition Commission determines telecommunications operator’s market power in the mobile telephony sector (Telcel)
Jones Day (Mexico)
,
Jones Day (Mexico)
,
Jones Day (Mexico)
On January 21, 2010, the Federal Competition Commission of Mexico (Comisión Federal de Competencia, also known as “CFC” or “Cofeco”) issued a ruling confirming that Telcel has substantial power in the market for mobile telephony services in Mexico. Cofeco‘s decision was adopted by a majority of 3 to (...)

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 Turkish Competition Authority imposes €17,3 M fine on the incumbent telecommunications operator for its abusive practices in GSM and mobile marketing services market (Turkcell)
Hewlett Packard (Istanbul)
Procedure After the completion of its investigation dated 09 October 2008, the NCA announced the short version of its final decision on 30 December 2009. Turkcell has been accused of abusing its dominant position in GSM services market via exclusive cooperation agreements in mobile marketing (...)

The Belgian competition Council’s College of Prosecutors dismisses multiple complaints against the incumbent telecom operator for abuse of a dominant position on the international transit services for call termination in Belgium (Base / Belgacom)
Liedekerke Wolters Waelbroeck Kirkpatrick (Brussels)
,
Philippe & Partners (Brussels)
I. The Parties Belgacom S.A. is the incumbent operator on the Belgian telecom market. It provides mobile telecom services through its 100% subsidiary Belgacom Mobile Belgium (“BMB” - Proximus). Base S.A. is a 100% subsidiary of KPN, a Dutch landline and mobile telecommunication company. (...)

The College of Competition Prosecutors of the Belgian Competition Council rejects a complaint about termination rates for international calls against incumbent telecoms operator (BASE / Belgacom)
European Commission (Brussels)
Belgium: Complaint about Termination Rates for International Calls against Belgacom rejected On 24 December 2009, the College of Competition Prosecutors of the Belgian Competition Council rejected a complaint by mobile operator BASE against telecom operator Belgacom (incumbent telecoms (...)

The Macedonian Administrative Court upholds the Competition Authority’s decisions establishing abusive charges on the mobile telecommunications market (T-Mobile)
University of Technology (Tallinn)
In December 2009 the Macedonian Administrative Court has put a full stop in a lengthy litigation process between the Macedonian Competition Authority (KZK) and two mobile phone operators Cosmofon and T-Mobile Macedonia which according to the KZK have abused their dominant positions on the (...)

The European Commission welcomes public declaration on FRAND terms to patents essential for various standards set by the ETSI (IPCom)
Ashurst (Milan)
IPCom publicly accepts to take over Bosch’s FRAND terms commitments* On 10 December 2009, the European Commission issued a press release regarding the public declaration by IPCom, a German IP licensing company, in relation to the disputes on a portfolio of patents key to mobile standards (...)

The EU Commission closes proceedings against a telecom company (Qualcomm, Texas Instrument)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 24 November 2009, the Commission announced its decision to close its proceedings against Qualcomm Incorporated concerning an alleged breach of Article 82 EC. The investigation was opened on 1st October 2007. Although the Commission noted that the Qualcomm case raised important issues about (...)

The Tribunal of Milan holds a decision on the private enforcement of Art. 82 EC concerning cease of purchase of advertising spaces on leading commercial networks (Sky / Mediaset)
University of Turin
On September 16, 2009 Sky Italia S.r.l. has filed a lawsuit under the Art. 700 of the Italian Code of Civil Procedure with the Tribunal of Milan against RTI and Publitalia , both owned by the Mediaset Group, for the infringement of (a) the antitrust principles under Art. 82 of the European (...)

The Beijing Dongcheng District People’s Court announces the settlement in private enforcement action brought against a Chinese mobile company for abuse of dominance (China Mobile)
AnJie Law (Beijing)
The Ending of the ’China Mobile’ Case* This is an article corresponding to the China Mobile case which was discussed at China Law Vision on April 21, 2009. On 23 October 2009 the Beijing Dongcheng District People’s Court announced the settlement of an Anti-Monopoly Law (AML) case brought by Zhou (...)

The Swiss Competition Authority fines an ADSL provider for margin squeeze (Swisscom)
Lenz & Staehelin
,
Women’s Business Society
The telecom undertaking Swisscom provides, through its subordinate entity Bluewin, ADSL services (broadband internet) to final consumers (retail market). Furthermore, Swisscom offers the preliminary service which is indispensible for broadband internet. Swisscom/Bluewin’s competitors, including (...)

The European Commission market tests commitments in the Swedish electricity transmission market (Svenska Kraftnät)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 6 October 2009, the Commission announced that it was beginning a market test of commitments offered by Svenska Kraftnät (SvK), the Swedish transmission system operator, to address various allegations of abuse. The move follows an announcement by the Commission earlier this year that it had (...)

The Japan Fair Trade Commission issues a cease and desist order against a company for having coerced japanese manufacturers to conclude a restrictive licence agreement on essential patents (Qualcomm)
Japan Fair Trade Commission (Tokyo)
Cease and Desist Order against QUALCOMM Inc orporated* The Japan Fair Trade Commission (JFTC) has investigated QUALCOMM Incorporated (QUALCOMM) in accordance with the provisions of the Antimonopoly Act (AMA) and found it to be in violation of Article 19 of the AMA (falling within Paragraph 13 (...)

The Japan Fair Trade Commission challenges "essential" patent licenses under (Qualcomm)
Jones Day (Tokyo)
,
Jones Day (Tokyo)
,
Jones Day (Tokyo)
The Japan Fair Trade Commission ("JFTC") has announced a cease and desist order requiring that Qualcomm Inc. rescind license provisions that required licensees to cross-license their patents to Qualcomm and refrain from asserting their own patents against Qualcomm or Qualcomm licensees. The (...)

The Belgian College of Prosecutors of the Competition Council dismisses a complaint against the incumbent telecom operator for resources and investigation priorities issues (Belgacom)
Liège University - IEJE
,
Arendt & Medernach (Luxembourg)
1. The parties Four plaintiffs are involved in this case. “Codenet SA” (now “Telenet SA”), “Colt Telecom SA”, “Versatel Belgium SA” (now “KPN Belgium SA”) and “WorldCom SA” (now “Verizon Belgium Luxembourg SA”) which are four companies providing telecommunications services in Belgium. The defendant is (...)

The Belgian College of Competition Prosecutors classifies a case on abuse of dominant position on the grounds of lack of priority and lack of resources for the first time (Codenet, Colt Telecom, Versatel and WorldCom / Belgacom)
Leuven University
The decision of the College of Competition Prosecutors - the investigating authority of the Belgian Competition Council - is of importance insofar as it has for the first time in Belgium closed an investigation on the grounds of a lack of priority and a lack of resources. In 2009, the Belgian (...)

The French Competition Authority orders interim measures against an overseas mobile phone operator (SRR)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. The Autorité de la concurrence imposes emergency measures on SRR in order to re-establish competition on Reunion and Mayotte before the holiday season* After a referral firstly by Orange Réunion and Orange (...)

The French Competition Authority imposes interim measures on a telecommunications operator in overseas territority (SRR)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 16 September 2009, the French Competition Authority found that the difference between intra-network and inter-network tariffs charged by mobile operator SRR, a subsidiary of French mobile operator SFR, were prima faciecontrary to Article 82 EC and the equivalent French provision and created (...)

The Macedonian Supreme Court upholds the Competition Authority’s decision prosecuting a mobile phone operator for abusive voicemail charges (Cosmofon)
University of Technology (Tallinn)
On 13 September 2010 the Macedonian Supreme Court upheld the infringement decision issued by the Macedonian Competition Authority (KZK) against the mobile phone operator Cosmofon for committing an abuse of dominant position on the market for mobile phone call termination on its own network. (...)

The Portuguese Competition Authority finds companies guilty for abuse of dominant position on wholesale and retail markets for broadband access services (PT Group and ZON Group)
Hamburg Süd (Sao Paulo)
After due investigation, the Portuguese Competition Authority Council held, last September, that there was an abuse of dominant position, on wholesale and retail markets for broadband access services, by the following companies that belong to PT Group and ZON Group: Portugal Telecom SGPS SA (PT (...)

The Portuguese Competition Authority fines two telecoms operators € 53 M euros for abuse of dominant position in the wholesale and retail broadband markets (Portugal Telecom and ZON)
University of Lisbon
,
Pares Advogados
On 2 September 2009, after a 6-year investigation, the Portuguese Competition Authority imposed a €45 million fine on the incumbent operator Portugal Telecom (PT) and an €8 million fine on ZON, its former multimedia division. It’s the largest fine ever imposed by the Portuguese watchdog. At stake (...)

The German Competition Authority rejects finding of margin squeeze by the incumbent telecommunications operator (Deutsche Telekom)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
In a decision made available this month, the German Federal Cartel Office (“FCO”) declined to charge Deutsche Telekom AG (“DTAG”) for allegedly abusing its dominant position with respect to telecommunication services necessary to provide premium rate services, rejecting a complaint by competitor (...)

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 Polish Supreme Court requests preliminary ruling from the EU Court of Justice on the interpretation of Article 5 of Regulation 1/2003 (Tele2 Polska)
European University Institute (Florence)
The parallel application of European and national competition rules by the President of the Polish Office of Competition and Consumer Protection (UOKiK) in the proceedings concerning allegedly anticompetitive conduct of Telekomunikacja Polska and the question about the limitations to national (...)

The Belgian Competition Council fines a mobile operator due to price squeeze practices (Proximus)
Altius (Brussels)
,
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 Spanish Competition Authority fines a telecommunication operator for concluding contracts of excessive duration and offering abusive bundled rebates (Abertis)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 19 May 2009, the Spanish Competition Authority adopted a decision against Abertis for concluding contracts of excessive duration and offering bundled rebates contrary to Article 82 EC and the Spanish equivalent provision. Abertis is a group of undertakings active in the management of various (...)

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 EU Commission opens proceedings against two telecommunication operators (Telekomunikacja Polska, Slovak Telekom)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 27 April 2009, the Commission issued a press release announcing that it had opened formal proceedings against Telekomunikacja Polska and Slovak Telekom for possible breaches of Article 82 EC. In particular, the Commission announced that it is investigating Slovak Telekom, the Slovak telecoms (...)

The French Competition Authority dismisses application for interim measures against a leading mobile telephony operator in bundling case (Orange)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 2 April 2009, the French Competition Authority dismissed SFR‘s application for interim measures against Orange concerning the latter’s bundled offer of its broadband and «Unik« mobile telephony services. Orange‘s «Unik« package is characterised by the convergence between fixed and mobile telephony: (...)

The EU Court of Justice rules that proof of recouping losses is not required in predatory pricing cases (France Telecom, Wanadoo Interactive)
French Competition Authority (Paris)
,
European Commission - DG COMP (Brussels)
"Predatory pricing in the telecoms sector: the ECJ rules on the issue of recouping losses"* On 2 April 2009 the Court of Justice of the European Communities (‘ECJ’) delivered a judgment in the France Télécom case, dismissing its appeal. France Télécom sought to annul the judgment of the Court of (...)

The Slovak Competition Authority upholds fine against incumbent telecommunications operator for “margin squeeze” practices (Slovak Telecom)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
In a recently published decision of 27 March 2009, the Slovakian Competition Authority (“CA”) upheld a first instance decision of 28 October 2008 imposing a fine of approximately € 2.4 million on Slovak Telecom (“ST”), the incumbent provider of telecom services in Slovakia. The investigation dates (...)

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 Austrian Cartel Court re-examines margin squeeze case against the incumbent telecommunication operator (Telekom Austria)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
According to a press release of 6 March 2009, the Austrian Higher Cartel Court has referred a case involving an allegation of margin squeeze by Telekom Austria TA AG back to the Austrian Cartel Court. The case concerns Telekom Austria‘s “KombiP2007” package offer of bundled internet, mobile and (...)

The French Supreme Court clarifies the use of the indispensable input criterion in a margin squeeze case (SFR-France Télécom)
French Competition Authority (Paris)
The French Supreme Court decided a margin squeeze case in the telecom sector after long proceedings and ten years after an undertakings’ association filed its complaint. In this case, the French branch of the European Telecom and Networks Association (ETNA) complained before the French (...)

The Japan Fair Trade Authority makes a cease and desist order against a musical copyright company for having excluded management business operators (JASRAC)
Japan Fair Trade Commission (Tokyo)
Cease and Desist Order against Japanese Society for Rights of Authors, Composers and Publishers* The Japan Fair Trade Commission (hereinafter “JFTC”) had investigated Japanese Society for Rights of Authors,Composers and Publishers (hereinafter referred to as “JASRAC”) in accordance with the (...)

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 US Supreme Court rejects antitrust liability for price-squeeze by integrated dominant firms in the telecommunication industry illustrating deep suspicion about the institutional players in the antitrust system (Pacific Bell / linkLine)
University of Michigan
linkLine’s Institutional Suspicions In this essay, I review the Supreme Court’s most recent monopolization decision—Pacific Bell v. linkLine—with a focus on the suspicions between the various institutions that had a hand in the case. I. The linkLine Decision The linkLine decision continues the (...)

The US Supreme Court overturns the Ninth District Court’s decision adopting a new two-part standard for assessing "price-squeeze" antitrust claims (Pacific Bell/linkLine)
Akin Gump Strauss Hauer & Feld (Washington)
,
Haug Partners (New York)
,
Winston & Strawn (New York)
The Supreme Court recently issued a unanimous decision in a notable "price-squeeze" case under § 2 of the Sherman Act involving rival telecom companies. Pacific Bell Tel. Co. v. Linkline Commc’ns, Inc., No. 07-512 (Feb. 25, 2009). The Court held that a vertically integrated company that had no (...)

The US Supreme Court rejects the price squeeze theory, noting that the upstream and downstream claims should be considered separately (Pacific Bell / linkLine)
3M (St. Paul)
Introduction In Pac. Bell Tel. Co. v. linkLine Commc’ns, Inc. the U.S. Supreme Court considered whether a vertically integrated firm with market power in a wholesale market that competes with its customer downstream in a retail market was prohibited under Section 2 of the Sherman Act from (...)

The Greek telecommunications regulator prohibits the incumbent’s “Double-Play” bundled offering of unlimited international calls taking into account a risk of a margin squeeze of its competitors (OTE)
European Commission - DG COMP (Brussels)
Hellenic Telecommunications Organization S.A. (OTE) submitted to the Hellenic Telecommunications & Post Commission (EETT) for approval plans to offer a telephony/internet bundle offering broadband access and fixed telephony services. Customers purchasing the plan would pay a single price (...)

The Bulgarian Supreme Administrative Court affirms the decision of the Bulgarian Competition Authority prosecuting incumbent telecom operator for tying its ADSL and fixed voice services (Bulgarian Telecom)
University of Technology (Tallinn)
On 19 February 2009 the Supreme Administrative Court of Bulgaria upheld the decision of the Bulgarian Competition Authority (CPC) that prosecuted the incumbent telecom operator - Bulgarian Telecom (BTC) for abuse of dominant position committed by tying its ADSL Internet and fixed voice (...)

The Macedonian Competition Authority prosecutes incumbent telecom operator for establishing high prices for its digital lines leased to the rival Internet providers (Macedonian Telecom)
University of Technology (Tallinn)
Summary The Macedonian Competition Authority prosecuted incumbent telecom operator for engaging in abusive pricing when leasing its digital lines to independent internet providers, which resulted in the price squeeze that put its rivals at a competitive disadvantage. The NCA’s decision followed (...)

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 Cyprus Commission for the Protection of Competition holds that the lowering of prices for international calls by the incumbent does not constitute price squeezing (Areeba / ATHK)
Neocleous
,
Neocleous
The Competition Commission concluded that the lowering of prices for international calls by CYTA (the telecommunications authority in Cyprus with a dominant position in the market) did not constitute price squeezing or restriction of profit margin to the detriment of CYTA’s competitor Areeba for (...)

The Italian Competition Authority accepts the commitments offered in the voice communications and broadband internet access services markets following its investigation into alleged abuse of dominant position (Telecom Italia)
Bonelli Erede (Rome)
By its Decision delivered on 11 December 2008, the Italian Competition Authority (the "ICA") decided to close the proceedings initiated against Telecom Italia ("TI"), by adopting a commitment decision under Art. 14-ter of Law 287/1990 (the Italian Competition Act) which implements the provision (...)

The Budapest Court of Appeal overturns abuse decision in the telecommunications sector (Invitel)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
By decision of 12 November 2008, the Budapest Court of Appeal confirmed that the Hungarian Competition Authority (GVH) erred by finding that communications company Invitel abused its dominant position in a 2006 decision. The GVH’s decision found that Invitel was abusing its position by (...)

The Slovak Competition Authority fines a dominant telecommunication operator for margin squeeze (Slovak Telekom)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 3 November 2008, the Slovak Antimonopoly Office (the “Antimonopoly Office”) imposed a fine of 73 million SKK (approximately € 2.4 million) on Slovak Telekom, the dominant telecommunications network owner and operator, for margin squeezing. Slovak Telekom operates the telecommunications network (...)

The Macedonian Administrative Court quashes two Competition Authority’s decisions having established abusive charges on consumers on the mobile telecommunications market (T-Mobile, Cosmofon, KZK)
University of Technology (Tallinn)
On 15 February 2008 Macedonian Competition Authority (Êîìèñè¼àòà çà çàøòèòà íà êîíêóðåíöè¼àòà) (KZK) issued two decisions finding the abuse of dominance on the mobile telecommunications market by two providers : T-Mobile (Ò-Ìîáèëå Ìàêåäîíè¼à) and Cosmofon (Êîñìîôîí Óñëóãè íà ìîáèëíà òåëåôîíè¼à ÀÄ Ñêîï¼å). Both (...)

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 ECJ Advocate General Mazák proposes the setting aside of the CFI’s judgment in an abuse of dominant position case in the telecommunication sector (France Télécom)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 25 September 2008, Advocate General Mazák issued his opinion in France Télécom‘s appeal of the judgment of the Court of First Instance (CFI). This judgment upheld a Commission decision which concluded that France Télécom had abused its dominant position on the French market for high-speed Internet (...)

The Portuguese Competition Authority fines the telecom incumbent for abuse of a dominant position raising the issue of the interplay between the application of national and EC competition laws and application of ’ex ante’ sectoral regulation (PT Comunicações)
Luís Silva Morais & Associados
In the last quarter of 2008 the Portuguese Competition Authority (hereinafter, ‘ADC’) has adopted an important decision concerning discount practices of PT Comunicações, which is part of the Portugal Telecom Group, the former monopolist operator in the Portuguese electronic communications sector. (...)

The Portuguese Competition Authority condemns a provider of wholesale services for abusive practices in wholesale communications markets (Portugal Telecom Group)
Luís Silva Morais & Associados
The Portuguese Competition Authority (“Autoridade da Concorrência”, hereinafter ‘ADC’), has adopted on the 1st September 2008 an important decision concerning abusive practices by PT Comunicações SA (hereinafter ‘PTC’), which is a part of Portugal Telecom Group, the former incumbent and monopolistic (...)

The Slovak Competition Authority imposes a record fine for abuse of dominant position (Slovak Telekom)
Van Bael & Bellis (Brussels)
On 20 August 2008, the Slovak Antimonopoly Office (the “Office”) imposed a fine of SKK 885 million (approximately € 29.5 million) on Slovak Telekom for abusing its dominant position on the market for providing telecommunications infrastructure, particularly with respect to the local loop. Slovak (...)

The Antwerp Commercial Court considers prices that do not comply with regulatory pricing obligations to be excessive under Belgian competition law (Base / Belgacom)
Arendt & Medernach (Luxembourg)
,
NautaDutilh (Luxembourg)
,
ID4green
Facts of the case 1. In 2007, a dispute arose between Base, one of the three main mobile telephone operators in Belgium, and Belgacom, the Belgian incumbent on the fixed telephone market. In a decision of 11 August 2006, the Institut belge des services postaux et des télécommunications (IBPT ), (...)

The Maltese Competition Authority extends interim measures to suspend restrictive practices likely to cause serious, immediate and irreparable prejudice to competition (Melita Cable)
Following the decision of the Commission for Fair Trading (hereinafter referred to as the ‘Commission’) dated 19 May 2006, and in terms of Article 15(7) of Maltese Competition Act, the Director of the Office for Fair Trading (hereinafter referred to as ‘Director’) and a competitor (Multiplus (...)

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 Polish Supreme Court confirms that a practice of the telecommunications incumbent aimed at creating onerous conditions for the exercise of consumers’ right restricts competition (Telekomunikacja Polska)
European University Institute (Florence)
The President of the Polish Office of Competition and Consumer Protection (UOKiK) on 31 December 2004 issued a decision wherein it declared that the practice of the Telekomunikacja Polska, the Polish telecommunications incumbent operator, constituted restriction of competition within the (...)

The French NCA rejects a complaint and a request for interim measures lodged by an association of telecommunications operators regarding an exclusive agreement for the distribution of TV programs as catch-up TV (AFORST/France Telecom & France Televisions)
White & Case (Paris)
,
European Commission - DG COMP (Brussels)
In a decision dated 7 May 2008, the French Competition Council dismissed both the referral and the request for interim measures lodged by the Association for network operators and telecommunication services (“AFORST”) against France Television and France Telecom regarding an exclusive (...)

The French Competition Authority rejects a complaint and a request for interim measures lodged by an association of telecommunications operators regarding an exclusive agreement for the distribution of TV programs as catch-up TV (AFORST / France Telecom & France Televisions)
White & Case (Paris)
,
European Commission - DG COMP (Brussels)
In a decision dated 7 May 2008, the French Competition Council dismissed both the referral and the request for interim measures lodged by the Association for network operators and telecommunication services (“AFORST”) against France Television and France Telecom regarding an exclusive (...)

The European Court of First Instance examines an appeal against a Commission’s decision on abuse of dominant position (Deutsche Telekom)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
Details of Deutsche Telekom’s appeal against the Court of First Instance’s judgment of 10 April 2008 have been published. According to the summary of the appeal, Deutsche Telekom is arguing, inter alia, that the Court of First Instance infringed Article 82 EC and the principle of legitimate (...)

The European Court of First Instance upholds Commission decision against the German incumbent telecommunications operator (Deutsche Telekom)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 10 April 2008, the Court of First Instance (“CFI”) issued its judgment on Deutsche Telekom‘s appeal of the Commission Decision of 23 May 2003 (the “Decision”) which had fined it € 12.6 million for engaging in a margin squeeze. The CFI upheld the Decision in virtually all respects. In the (...)

A Polish Court of Appeal quashes the first instance ruling reversing the NRA’s decision having imposed a € 21.5 million fine on the telecommunications incumbent for tying of Internet services contrary to cost-oriented prices principle (Telekomunikacja Polska)
European University Institute (Florence)
On 10 April 2008 the Court of Appeal quashed the verdict of the lower court, the SOKiK (the Polish Court for Competition and Consumer Protection), which in 2007 reversed the decision of the President of the UKE (the Office for Electronic Communications), imposing a 100 million PLN fine (...)

The Italian Antitrust Authority investigates a Pay-TV operator under Art. 82 EC for applying unfair and discriminatory conditions to a new entrant for access to its satellite platform (Sky Italia)
Freshfields Bruckhaus Deringer (Rome)
The investigation launched by the Italian Antitrust Authority (IAA) on 2 October 2008 aims at ascertaining a possible infringement of Article 82 EC by Sky Italia (Sky), the Italian vertically integrated Pay-TV incumbent. It has been prompted by a complaint brought by Conto TV, a small and (...)

The Slovenian Competition Authority finds incumbent telecommunications operator was abusing its dominant position in the inter-operators market for provision of ADSL broadband access in Slovenia (Slovenije Telekom / ISDN, ADSL)
Fatur Law Firm (Ljubljana)
This case started in October 2004, when the Slovenian Competition Authority (“SCA”) under its official authority started the proceedings on the basis of article 10 of the Slovenian Prevention of the Restriction of Competition Act (“SPRCA”) concerning abuse of dominance. The proceedings were (...)

The Macedonian Administrative Court confirms the Competition Authority’s decision establishing the exploitative abuse of dominance committed by the incumbent telecom operator (Macedonian Telecom)
University of Technology (Tallinn)
Summary The Macedonian Administrative Court affirmed the decision of the Macedonian Competition Authority establishing exploitative abuse of dominance by the incumbent telecom operator Macedonian Telecom manifested in the additional charges levied on the customers for issuance of the monthly (...)

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 Cyprus Supreme Court annuls on procedural grounds the Competition Authority’s decision having fined € 3.8 M the telecommunications incumbent for abusive roaming prices in the mobile telecommunications market (Areeba / CYTA)
Antoniou Advocates
In Case n° 634/2006, Areeba Ltd v. Commission for the Protection of Competition, the Supreme Court of Cyprus, in exercising its exclusive jurisdiction to review any decision, act or omission of any person, organ or authority exercising executive or administrative authority, annulled a Decision (...)

The Lazio Administrative Tribunal rejects appeals regarding margin squeeze in the Italian telecoms market (Telecom Italia / Wind)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
In a recently published judgment of 23 January 2008, the Lazio Administrative Tribunal (“LAT”) has rejected the appeals brought by Telecom Italia and Wind against the decision of the Italian Competition Authority (“ICA”) finding that Telecom and Wind had abused their respective dominant positions (...)

The President of the Luxembourg Competition Council adopts the first conservatory measures against the telecommunications incumbent regarding alleged abusive bundling of fixed-line telephone, mobile telephone and high-speed Internet access (Entreprise des Postes et Télécommunications)
MOYSE BLESER law firm
On 22 January 2008, the President of the Competition Council (Council) handed down an 83-pages decision, for the first time after the law of 17 May 2004 on competition (Law on competition) came into force, imposing a limited number of conservatory measures on the public entity Entreprise des (...)

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 Slovak Competition Authority imposes a fine for abuse of dominant position in the telecommunication market (Slovak Telekom)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 27 December 2007, the Slovak Antimonopoly Office imposed a fine of 525.8 million SKK (approximately € 15.5 million) on Slovak Telekom for abusing its dominant position in the telecommunication market under both Slovak and EC competition law by charging its competitors unfair interconnecting (...)

The Polish Competition Authority fines the largest telecom operator a record fine of € 20 M for abusing its dominant position on the Internet access market (Telekomunikacja Polska)
Allen & Overy (Warsaw)
On 20 December 2007 the President of the Polish Office for Competition and Consumer Protection (OCCP) issued a decision imposing a fine of PLN 75 million (approximately EUR 20 million) on Telekomunikacja Polska S.A. (TPSA), the incumbent telecom operator in Poland, for abusing its dominant (...)

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 Polish Competition Authority fines € 5 M an abuse of dominant position on the market of distribution of radio and TV signal by (TP EmiTel)
Comper Fornalczyk & Partners
The President of the Polish Competition Authority (Office for Competition and Consumers Protection) on 25th October, 2007 issued the decision in which TP EmiTel sp. z o.o. (hereinafter: TP EmiTel) was found guilty of abusing its dominant position on the market of dispersion of TV and radio (...)

The Polish competition authority fines €5 million an undertaking operating radio and TV terrestrial transmission stations for price discrimination in favour of commercial broadcasters against public broadcasters (TP Emitel)
Greenberg Traurig Grzesiak (Warsaw)
,
PKN Orlen
On 25 October 2007, the Polish President of the Office for Competition and Consumer Protection (“OCCP") fined TP Emitel, a subsidiary of the Telekomunikacja Polska (part of the France Telecom group) for price discrimination against public broadcasters. The amount of the fine reached almost 5 (...)

The French Competition Authority fines an Internet operator for implementing discriminatory practices on the high-speed internet access market (France Télécom-Wanadoo)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. After a negotiated settlement with the company, the Conseil de la concurrence imposes €45m fine on France Telecom for having hindered the development of internet access providers competing with its Wanadoo (...)

The French Competition Council inflicts a € 45 M fine on the telecommunications incumbent for abusive discrimination and denigration on the ADSL high-speed Internet access market and specifies the notion of repeated infringements (France Télécom-Wanadoo)
Concurrences (Paris)
(Handook N° F12) The facts In the beginning of 2000, the incumbent telecommunications operator France Telecom has tried to dominate the emerging market of high-speed Internet access. Some of these attempts lead to important decisions from both the French Competition Council (the “Conseil”) and (...)

The EU Commission is about to close proceedings against US chipset manufacturer for alleged abuse of dominance in the mobile phone technology sector (Qualcomm)
University of South Australia
"The Last Hundred Days Strategy"- Is the Qualcomm Case Over?* Milton Friedman and his wife Rose Friedman are known for having theorized that recently elected governments generally enjoy a period of political immunity following elections, which allows them to push reforms, including tough ones, (...)

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 Italian Competition Authority accepts for the first time commitments but also imposes fines in the same case (Vodafone / TIM / Wind)
Paul Hastings (Milano)
,
Linklaters (Milan)
On 3 August 2007, the Italian Antitrust Authority ("IAA") closed proceedings initiated against three telecom companies (Tim, Vodafone and Wind) with a decision which affirmed important principles in Italian procedural competition law. There is, however, room for debate as to whether the (...)

The Italian Competition Authority accepts commitments from the main mobile phone operators following investigations on alleged abuse of joint dominant position (Vodafone / TIM / Wind)
Studio Legale DDPV
The Italian antitrust Authority closed an investigation against the main mobile phone operators in Italy (Telecom Italia Mobile SpA , Vodafone Omnitel and Wind) for an alleged abuse of their joint dominant position in the markets of telecommunication services in Italy. In particular, the (...)

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 Turkish Competition Board takes interim measures against the telecommunications incumbent on alleged predatory pricing on internet broadband access whitout waiting for the telecommunications regulator’s opinion (TTNet / A.S.)
Jones Day (Paris)
,
Gide Loyrette Nouel
Pursuant to Article 6 of the Law on the Protection of Competition n° 4054 (the “Law”), abuse of dominant position is prohibited. It is forbidden, pursuant to paragraph (a) of Article 6 “to prevent, directly or indirectly, other undertakings in its area of commercial activities or practices which (...)

The Bulgarian Competition Authority fines the local telecom incumbent for a refusal to interconnect a competitor to its communication network (Netplus / BTC)
Kinstellar (Sofia)
By Decision n° 510 of 5 July 2007, the Bulgarian Commission for Protection of Competition (the “CPC”) held Bulgarian Telecommunication Company AD (“BTC”) liable for abusing its dominant position in the market for voice telephony services by refusing to provide interconnection between its (...)

The EU Commission adopts a decision against Spanish incumbent telecoms operator for abuse of its dominant position in the broadband market (Telefonica)
European Commission - DG JUST
,
French Competition Authority (Paris)
"Margin squeeze in the Spanish broadband market: a rational and profitable strategy"* On 4 July 2007, the European Commission adopted a decision against the Spanish incumbent telecoms operator Telefonica for a very serious abuse of its dominant position in the Spanish broadband market. The (...)

A German Court decides on excessive fees for the provision of information for directory enquiry services (DaRed II)
Gleiss Lutz (Munich)
,
Milbank, Tweed, Hadley & McCloy (Munich)
On 27 June 2007, the German Higher Regional Court of Düsseldorf issued a decision on the question whether a telecommunication company abused its dominant position by demanding excessive fees for the provision of information for directory enquiry services. The question at stake was whether a (...)

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 UK Office of Communications dismisses a complaint based, inter alia on Art. 81 and 82 EC, on alleged anticompetitive agreement and abuse of dominant position of the public broadcaster for having entered into an exclusive agreement for television access services (BBC / Channel 4)
Paul Hastings (London)
The decision of OFCOM regarding case CW/00842/06/05 concluded that BBC Broadcast Limited (“BBC Broadcast”) did not infringe the Chapter I prohibition of the Competition Act 1998 (the “Act”) or Article 81(1) of the EC Treaty in relation to an exclusive agreement with Channel 4 Television (...)

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 Polish Competition Authority reverses on procedural grounds the Telecom Regulator’s decision having fined the former incumbent for tying Internet and telecommunications offers (Telekomunikacja Polska)
DeBenedetti Majewski Szczesniak
,
Bartkowiak Wojciechowski Halupczak Springer
On May, the Polish Court for Competition and Consumer Protection reversed the decision of the President of the Office for Electronic Communications (OEC) imposing a fine of 100,000,000 PLN on Telekomunikacja Polska S.A. (“TP S.A.”) for the unauthorized binding of offers of Neostrada tp (an (...)

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 Serbian competition authority finds abuse of dominant position in the market of RTV cable distribution services in Belgrade (Serbia broadband)
University of Belgrade
The Serbian Competition Authority (“Komisija za zastitu konkurencije”) determined in its decision adopted on 22 March 2007, that cable distributor “Serbia Broadband - Srpske Kablovske Mreze doo” (“SBB”) abused its dominant position in the market for provision of radio and TV cable distribution (...)

The Swiss Competition Commission imposes a record fine of 333 M Swiss Francs to the telecommunications incumbent for abusive termination rates (Swisscom Mobile)
Lenz & Staehelin (Geneva)
I. Background In a decision of 5 February 2007, the Swiss Competition Commission ("Comco") held that Swisscom Mobile enjoys a dominant position on the market of termination of calls on its mobile phone network and abused its dominant position by applying an excessively high termination rate of (...)

The Spanish Competition Appeal Tribunal annuls the 57 M € fine imposed by the Competition Authority to the telecommunications incumbent for an alleged abusive marketing campaign (Astel / Telefónica)
Background On April 2004, the Spanish Competition Authorities imposed Telefónica a 57 million euro fine for an abusive practice consisting of hampering the process of pre-selection by consumers of alternative operators to Telefónica in fixed telephone services. At the time the decision was (...)

The EU Commission analyzes the broadband wholesale market in Malta addressing the issue whether two access providers are enough (Maltacom / Melita Cable)
European Commission - DG CNECT
,
"Broadband competition in Malta: are two access providers enough?"* The current Regulatory Framework promotes the establishment of competitive markets for electronic communication networks and services. The market conduct and performance we see today are, however, often based on 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 (Madrid)
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Callol, Coca & Asociados (Madrid)
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 Czech Regional Court of Brno confirms condemnation of the telecommunications incumbent for abuse of dominant position (Cesky Telecom)
Gide Loyrette Nouel (Prague)
By its decision of 26 September 2006 the Regional Court in Brno rejected the appeal filed by Telefónica O2 Czech Republic, a. s., formerly “Ceský Telecom”, against the decision of the Chairman of the Office for the Protection of Competition from the end of 2005 whereby the company was imposed a (...)

The Czech Regional Court of Brno confirms Competition Authority’s first decision directly applying EC competition law (Cesky Telecom)
Government of the Czech Republic
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European Court of Justice (Luxembourg)
By a judgement of 26 September 2006, the Regional Court in Brno confirmed the decisions adopted by the Office for the Protection of Competition and (on administrative appeal) by its President in which the dominant fixed telephony operator, Èeský Telecom (“ÈTc”), was found to have infringed article (...)

The Cyprus Competition Authority fines the telecoms incumbent for provision of inaccurate and misleading information during its ex officcio investigation of fixed telephony services using VoIP technology (CYTA)
International Transport Forum
On 8 September 2006 the Cyprus Commission for the Protection of Competition (C.P.C.) reached a decision regarding its ex officio investigation of the services of fixed international telephony “CYTA 1818” and “Direct International VoIP” offered by the Cyprus Telecommunications Authority (CYTA), (...)

The Hungarian Competition Office establishes that the telecom incumbent abusively used of its dominant position on the ADSL Internet market (Magyar Telekom)
Hogan Lovells
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In its decision of 5 September 2006 the Hungarian Competition Office established that the practice adopted by Hungarian Telekom for ADSL-modem removal infringed Article 21 (a) of the Hungarian Competition Act - the equivalent provision to Article 82 of the EC Treaty. Hungarian Telekom, which (...)

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 UK telecommunications regulator concludes that British Telecom has not infringed Art. 82 EC and its national equivalent in relation to the pricing of its digital cordless fixed-line telephones (BT Cordless)
Autorité de contrôle prudentiel
Background On 29 March 2005, the UK telecommunications regulator, OFCOM, received a complaint from two competitors of BT Group plc (“BT”) on the market for the wholesale supply of consumer fixed-line telephone equipment in the UK. The complaint alleged that BT was dominant in the supply of (...)

The Czech Competition Office imposes to the telecom dominant operator to apply cost-orientated prices and regulated prices (Telefónica O2)
Gide Loyrette Nouel (Prague)
The Czech Office for the Protection of Competition (the “Office”) decided to discontinue administrative proceedings against Telefónica O2 Czech Republic, a.s. (“Telefónica”), formally CESKÝ TELECOM, a.s., which were undertaken on the ground of a possible violation of national and European competition (...)

The French Competition Authority accepts commitments proposed to address competition concerns in the sector of directory assistance via telephone and Internet (France Télécom & PagesJaunes)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Directory assistance via telephone and Internet: The Conseil de la concurrence accepts commitments proposed by France Télécom andPages Jaunes and decides to close the case.* Following a referral in January 2006 (...)

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 Cyprus Competition Authority dismisses a complaint filed by a consumer for abuse of dominance on the Internet services market (Philipilides / Cyprus Telecommunications Authority)
International Transport Forum
On 26 June 2006 the Cyprus Commission for the Protection of Competition (C.P.C.) dismissed a complaint filed by Mr. Alexis Philippides, a consumer and client of the Cyprus Telecommunications Authority (CYTA), against the latter for abuse of dominance in the market of Internet connection (...)

The Spanish Supreme Court annuls previous decisions fining the telecom incumbent for abuse of dominant position (Retevisión / Telefónica)
Cuatrecasas, Goncalves Pereira (Madrid)
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European Commission - DG COMP (Brussels)
On June 20, 2006, the Spanish Supreme Court (Tribunal Supremo, “TS”) annulled the judgment of September 22, 2003, of the Spanish National High Court (Audiencia Nacional, “AN”). This last judgment partially upheld a Decision of the former Spanish Competition Authority (Tribunal de Defensa de la (...)

The Estonian Competition Authority ends proceedings against the telecommunications incumbent operator without finding abuse in the market of wholesale unbundled access to the local loop (Elisa / Elion)
EFTA Surveillance Authority
Introduction On October 17th, 2005 the Estonian subsidiary of a Finnish telecom operator Elisa filed a complaint with the Estonian Communications Board claiming that the Estonian telecom incumbent Elion Ettevõtted AS (Elion) had committed an abuse of its dominant position. According to the (...)

The Polish Competition Authority condemns for the first time on the basis of both national competition law and Art. 82 EC the increase of certain telecommunications services charges by the incumbent (TP)
French National Research Agency (ANR)
The commented decision is the first decision by which the Polish Competition Authority condemned an entrepreneur for abusing its dominant position on the basis of the national and European competition law. It is thus the first Polish application of the obligation established by Article 3 (...)

The French supreme Court alleviates the standard of proof of actual or potential effects of an abusive price squeeze in the telecommunications sector (ETNA / France Telecom)
University Paris II Panthéon‑Assas
This interesting case raises the question of the standard of proof that the French competition council must comply with, in showing the actual or potential effects of an abuse of dominant position. FACTS In June 1999, a French association of new entrant telecommunications operators complained (...)

The French Supreme Court lowers the standard of proof for anticompetitive practices and quashes the Paris Court of Appeal judgment in the Ténor case, regarding calls from landlines to mobile phones (ETNA / France Telecom-SFR)
Freshfields Bruckhaus Deringer (Paris)
Following a referral by an association of telecom operators disputing the pricing policy of integrated operators (i.e. offering both landline and mobile phone services), the French Competition Council had, in its decision of 14th October 2004, found against France Télécom and SFR and fined them (...)

The French supreme Court holds that the fact that competitors have found alternative solutions to avoid detrimental effects of price squeezing of the telco incumbent is irrelevant to establish an abuse under Art. 82 EC (ETNA / France Telecom-SFR)
Kramer Levin Naftalis & Frankel (Paris)
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Eversheds Sutherland (Paris)
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Eversheds Sutherland (Paris)
Background When an individual makes a call from a landline to a mobile phone, the call is first directed through a landline network until interconnection with the mobile network. Then the landline operator is relayed by the mobile operator which directs the call to the addressee and (...)

The Polish Competition Authority imposes a maximum fine on the incumbent Polish telecom operator for non-implementation of its decision (Telekomunikacja Polska)
Greenberg Traurig Grzesiak (Warsaw)
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Affre i Wspólnicy
President of the Office of Competition and Consumer Protection (the “OCCP”) imposed by way of decision on March 28, 2006 (n° DDI2-423-2/925/00/BC) a fine on Telekomunikacja Polska S.A. (“TP S.A.”, the “Company”) of PLN 5,7 million (nearly € 1,5 million), which is equivalent to € 10,000 per each day of (...)

The Court of First Instance of The Hague dismisses a complaint for abusive access tariff on the broadband Internet access (Educatief Net - Easynet / KPN Telecom)
European Commission - DG HR
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Dutch Ministry of Security and Justice
Nl.tree was established by nine cable operators, in order to supply, following an agreement concluded with the Dutch Ministry of Education, internet access and related services, known as “Kennisnet”, to primary schools, secondary schools and vocational and adult learning institutions. Broadband (...)

The Czech Competition Office condemns the telecommunications incumbent abuse of dominant position on the ADSL market services (Ceský Telecom - ADSL)
Gide Loyrette Nouel (Prague)
On 22 March 2006 the Chairman of the Czech Competition Office imposed a fine in the amount of 80 million CZK upon Ceský Telecom, a.s. (“CT”), the Czech telecommunications operator, for an abuse of its dominant position, in violation of Article 11 of the Czech Competition Act, on the market : (i) (...)

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
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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 Italian Administrative Supreme Court confirms a decision of the Competition Authority condemning the formerly State-owned telecommunications monopolist for the abuse of its dominant position on the market of the fixed network telecommunications services for business customers (Telecom Italia / Albacom - Colt Telecom - Tiscali)
Shearman & Sterling (Rome)
A decision of the Italian NCA (Autorita’ Garante della Concorrenza e del Mercato, “AGCM”) of November 2004 had imposed a fine totalling an aggregate of € 152 millions to Telecom Italia (formerly the State-owned telecommunications monopolist) for abusing its dominant position on the fixed network (...)

The Polish Competition Authority rules on collective dominance in the mobile telephony sector (Polska Telefonica Cyfrowa / Centertel / Polkomtel)
Comper Fornalczyk & Partners
Article 25 recital 2 of the Polish Telecommunication Act provides the President of the Polish Office of Electronic Communication (Telecom Regulator) with the power to consult the Competition Authority regarding the market structure in question. The President of the Polish Office of Competition (...)

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 Cyprus Competition Authority fines the telecommunications incumbent € 3.8 millions for abusive conduct in the mobile telephony market (Areeba / CYTA)
International Transport Forum
On 20 January 2006 the Cyprus Commission for the Protection of Competition (hereinafter C.P.C.), in one of its many decisions concerning the Cyprus Telecommunications Authority (hereinafter CYTA), found the latter liable for infringing Section 6(1) of the Protection of Competition Law of 1989 (...)

The UK telecommunications regulator closes an investigation under Art. 81 and 82 EC, and equivalent UK provisions, on alleged anticompetitive and abusive price of telephone services to hospital patients in spite of long duration exclusivity clause (Patientline, “Premier”)
Compass Lexecon (London)
Summary The Office of Communications (“Ofcom”) has decided to close an investigation under Articles 81 and 82, and equivalent UK national competition law, into the price of telephone services to hospital patients. Patientline plc (“Patientline”) and Premier Telecom Contracts Limited (“Premier”), (...)

The French Competition Authority decides to close the proceedings following an agreements between two phone companies regarding the use of commercial designations (France Télécom & Cégetel)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Use of "Numéro vert", "Numéro Azur" and "Numéro Indigo" commercial designations by competitors of France Télécom: Following an agreement between France Télécom and Cégétel, the provisions of which have been extended to (...)

The Court of Appeal of Athens examines the concept of the abuse of dominant position in the context of the mobile telephony market (2093/2006)
University of Reading
The facts An agent selling mobile phones lodged a complaint to the Court of First Instance of Athens against its supplier claiming that the latter’s decision to terminate their agreement constituted an anti-competitive unilateral behaviour breaching the relevant national competition law (...)

The Turkish Competition Authority fines € 4 M the telecom incumbent for abusive exclusive practices on the mobile phone market (Turkcell)
Jones Day (Paris)
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Gide Loyrette Nouel
Pursuant to Article 6 of the Law on the Protection of Competition n° 4054 (the “Law”), abuse of dominant position is prohibited (For a restatement of Turkish Competition provisions, see Prof. Dr. Ercüment Erdem, Overview on Turkish Competition Law, e-Competitions, n° 13152). It is forbidden for (...)

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 Slovenian Competition Authority rejects an abuse of dominant position claim by a mobile phone operator against the incumbent after a full-blown economic analysis (Mobitel / Western Wireless)
Fatur Law Firm (Ljubljana)
This case started in 2003, when mobile phone operator Western Wireless International complained to the Slovenian Competition Authority about the abusive pricing practices, cross-subsidizing of different telecommunication services and restrictive contracts condition of its rival Mobitel on the (...)

The Slovak Competition Authority fines telecommunications company for margin squeezing in virtual private network market (Slovak Telecom)
Norton Rose Fulbright (London)
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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 Czech Competition Office renders its first case under Art. 82 EC and imposes a fine on the telecommunications incumbent for abuse of dominant position (Ceský Telecom)
Gide Loyrette Nouel (Prague)
By its decision of 24 November 2005, the Czech Office’s Chairman confirmed the Office’s first-instance decision and (i) imposed a fine of 205 million CZK on Èeský Telecom a.s. (which is since July 2005 controlled by a Spanish company, Téléfonica) (“CT”) for having abused its dominant position in (...)

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)
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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 Swedish Market Court rejects a complaint on alleged abuse of dominant position on the fixed telephony market by practicing mixed bundling (B2 Bredband / TeliaSonera)
Danish Competition and Consumer Authority (Copenhagen)
On 1st November 2005, the Swedish Market Court rejected a claim by B2 Bredband Holding AB (Bredbandsbolaget) according to which TeliaSonera was in abuse of its dominant position on the Swedish market for fixed telephony. The contested practice consisted in providing a rebate on fixed telephony (...)

The Swedish Market Court rejects a complaint against the incumbent for abusive mixed bundling and predatory pricing in the broadband internet access sector (B2 Bredband / TeliaSonera)
Cederquist
Background Bredbandsbolaget sues Teliasonera for abuse of a dominant position on the market for fixed telephony through illegal mixed bundling, customer discrimination and predatory pricing but fails to prove dominance. Decision On 1 November 2005 the Swedish Market Court rendered its (...)

The Polish Competition Authority adopts interim measures against the telecommunication incumbent for alleged abuse of its dominant position on the market of domestic and international phone calls (Telekomunikacja Polska - TPSA)
French National Research Agency (ANR)
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Orrick, Herrington & Sutcliffe (Washington)
The interest in this decision stems from the fact that it is concerned with the adoption of interim measures, a remedy recently introduced in Polish law. In August 2005, Netia S.A., an operator alternative to Telekomunikacja Polska S.A., the historic operator in Poland (hereafter, “TP S.A.”), (...)

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
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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 Administrative Regional Court of the Republic of Latvia confirms the Competition Authority’s decision having found the telecommunications market leader guity of abusive tying practices (Lattelekom)
Best Lawyers
Experience of Latvia in tie-in cases Abuse of dominant position is not often established in the competition law practice in Latvia. The Competition Council of Latvia (the Council) arrives at such conclusion only a couple of times a year. Only some of the decisions of the Council are challenged (...)

The Court of Appeals of Los Angeles rules that in the absence of an abuse of monopoly power in a relevant market, the case on sales of new models of cellular telephones involved nothing more than a permissible unilateral refusal to deal (People’s Choice Wireless / Verizon Wireless)
Sheppard Mullin (Los Angeles)
California Court of Appeals affirms dismissal of “unfairness” claim on ground* People’s Choice Wireless, Inc. v. Verizon Wireless, B175179. In a case building upon the definition of “unfair” as defined in the California Unfair Practices Act, plaintiffs, independent dealers of cellular phones (...)

The Belgian Supreme Court adopts an in concreto approach to the definition of the relevant market product for the provision of directory services in the telecommunications sector (Kapitol / Telekom Austria)
Sheppard Mullin (Brussels)
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Hogan Lovells (Brussels)
Following a request by Kapitol, a Belgian provider of phone directories, based on Directive 98/10/EC of the European Parliament and of the Council, of 26 February 1998, on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a (...)

The Cypriot Competition Authority imposes a fine for price squeezing and excessive pricing on the Internet services market (CYTA)
International Transport Forum
On 30 May 2005 the Cypriot Commission for the Protection of Competition (hereinafter C.P.C.) ended its own initiative investigation of the Cyprus Telecommunications Authority (hereinafter CYTA) by unanimously finding CYTA liable for abuse of its dominant position in the market for the provision (...)

The Finnish Competition Authority finds that the Finnish Telephone Number Service has abused its dominant position through hindering the emergence of new technology (SNOY)
McDermott Will & Emery (Brussels)
The Finnish Competition Authority held on the 17 May 2005 that the Finnish Telephone Number Service (SNOY) had abused its dominant position. The abuse entailed a practice whereby SNOY forced its customer companies offering telephone directory services not to offer their services to end (...)

The Spanish Telecommunications Authority closes proceedings for interim relief considering that Teléfonica’s commercial strategy for the launch of its pay-TV services is not a tying practice within the meaning of Art. 82 EC (Servicio Imagenio)
London School of Economics
Telefónica de España, S.A.U. (hereinafter, “TESAU”) is a 100% owned subsidiary of Grupo Telefónica, the Spanish incumbent in the telecommunications sector. Under the commercial name “Línea Imagenio”, TESAU provides broadband Internet access and pay-TV services, including video-on-demand as well as (...)

The Spanish Supreme Court reduces fine due to the lack of clarity of the legal framework that liberalized the market affected by the infringement (BT / Telefónica)
European Commission - DG COMP (Brussels)
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Cuatrecasas, Goncalves Pereira (Madrid)
On 23 March 2005, the Spanish Supreme Court considered that the lack of clarity of the legal framework that liberalized the market affected by Telefónica’s abusive conduct justified a reduction of the fine the Spanish Competition Authority imposed on Telefónica, S.A. (“Telefónica”) from 3.4 million (...)

The Italian competition authority opens proceedings against three mobile telecommunications operators for alleged excessive interconnection fees pursuant to Art. 81 and 82 EC (TIM-Vodafone-Wind / TELE2-TWC-Startel)
London School of Economics
TELE2 Italia (hereinafter, “TELE2”) lodged a complaint before the Autorità Garante della Concorrenza e del Mercato (“AGCM”) on 16 April 2004. A similar complaint was lodged some months later by ReteItaly, Trans World Communication Italia (“TWC”) and Startel. TELE2 has as its core activities in the (...)

The EU Commission renders a decision on collective dominance under the European consultation mechanism on electronic communications in a case related to the market for wholesale mobile access and call origination in Ireland (Vodafone / O2 / Meteor)
European Commission - DG EMPL
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"First collective dominance cases under the European consultation mechanism on electronic communications"* In the first semester of 2005, the Commission dealt with two collective dominance cases in the electronic communications sector. Both cases were notified to it under the so-called (...)

The EU Court of Justice sets aside the Court of First Instance decision clarifying the role of complainants in Article 86 procedures (T-Mobile Austria, max.mobil case)
Université de Namur
"The Maxmobil Judgment: the Court of Justice clarifies the role of complainants in Article 86 procedures"* On 22 February 2005 the Court of Justice rendered a judgment in case C-141/02 P, Commission against T-Mobile Austria GmbH. The Court sets aside the judgment of the Court of First Instance (...)

The Hungarian Competition Authority fines T-Mobile for having misinformed consumers to the detriment of competitors on the basis of national competition provisions (T-Mobile)
McDermott Will & Emery (Brussels)
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Government of the Czech Republic
The Hungarian Competition Council initiated proceedings against T-Mobile in order to find out whether it had violated Article 8 paragraphs 1 and 2 of the Hungarian Competition Act and Article 7 paragraphs (2) (b) of the Hungarian Act on Business Advertising Activity, through advertising the (...)

The Hungarian Competition Council fines Vodafone and T-Mobile for unfair and restrictive market practices on mobile tariffs (Vodafone, T-Mobile)
Gide Loyrette Nouel
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European Commission - DG COMP (Brussels)
The Hungarian mobile phone market is characterized by intense competition between the three mobile phone service providers (T-Mobile Magyarország Távközlési Részvénytársaság hereinafter “T-Mobile”, Pannon GSM and Vodafone Magyarország Mobil Távközlési Rt. hereinafter “Vodafone”). The struggle for market (...)

The EU Commission renders a decision on collective dominance under the European consultation mechanism on electronic communications in a case related to the market for broadcasting transmission services in the UK (Crown Castle)
European Commission - DG EMPL
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"First collective dominance cases under the European consultation mechanism on electronic communications"* In the first semester of 2005, the Commission dealt with two collective dominance cases in the electronic communications sector. Both cases were notified to it under the so-called (...)

The Polish Competition Authority establishes that the telecommunications incumbent abused its dominant position concerning pre-selection services (Telekomunikacja Polska)
French National Research Agency (ANR)
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Orrick, Herrington & Sutcliffe (Washington)
On the 31st of December 2004, the President of the Office for the Competition and Consumers Protection (hereafter, “OCCP President” or “President of the Office”) issued a decision in which he condemned the practices of Telekomunikacja Polska S.A. (hereafter “TP S.A.”) concerning the alternative (...)

The Spanish competition authority adopts a prudent approach on alleged price squeeze and discriminatory practices by the telecommunications incumbent on interconnection and termination fees (Uni2-MCI WorldCom / Telefonica Móviles)
London School of Economics
Uni2 and MCI WorldCom España, two telecommunication operators, lodged a complaint on 31 October 2002 before the Servicio de Defensa de la Competencia (hereinafter, “SDC”) against Telefonica Móviles (hereinafter, “TME”). The SDC opened proceedings against TME and sent a draft decision to the Tribunal (...)

The French Competition Authority orders interim measures regarding alleged abuses of dominant position in the mobile or fixed telephony sector and anticompetitive practices in the French overseas départements (Orange Caraïbe)
French Competition Authority (Paris)
Mobile telephony in Martinique, Guadeloupe and Guyana - The Conseil de la concurrence hands down interim measures against Orange Caraïbe.* On 9th July 2004, the Conseil de la concurrence received a complaint from the mobile telephony operator Bouygues Télécom Caraïbe. The complainant claimed that (...)

The Italian Antitrust Authority fines € 125 M the incumbent telecommunications operator for abuse of dominant position on the fixed network telecommunications services for business customers, including price squeeze practices (Telecom Italia)
Ashurst
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Legance - Studio Legale Associato
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Legance - Studio Legale Associato
Background On 16 November 2004, the Italian Competition Authority(Autorità Garante della Concorrenza e del Mercato) has imposed a fine of € 152 million on the incumbent telecommunication operator Telecom Italia S.p.A. (Telecom Italia), for abusive behaviours on the fixed network (...)

The Italian Competition Authority condemns abuse of dominant position in the markets for the provision of telecommunication services (Telecom Italia)
Desogus Law Office (Cagliari)
Introduction The Italian Competition Authority (AGCM) found that Telecom Italia (TI) had abused its dominant position on the fixed network telecommunications service for business customers . The abusive conduct, which violates Article 3 of the Act n° 287 of 1990, was part of a TI strategy aimed (...)

The French Competition Authority issues an opinion on the conditions in which the telecommunication incumbent exercises its access operation activity on the one hand, and its telecoms system installation and maintenance activity on the other hand (France Télécom)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Integration of Cofratel into France Télécom - In response to a request for opinion by the FICOME, the Conseil recommends unbundled accounts and information.* The FICOME’s request On 3rd March 2004, the Conseil (...)

The Finnish Competition Authority proposes to the Market Court to impose a € 1 M fine to a telephone company for abuse of dominant position on the ADSL market consisting in refusal to grant access to its regional network on competitive conditions (Lännen Puhelin)
Université Catholique de Louvain
In a decision of 25 October 2004, the Finnish Competition Authority (hereafter FCA) proposed to the Market Court to impose a fine of one million euros on a regional telephone company (Lännen Puhelin). According to the FCA, Lännen Puhelin had abused its dominant position. Indeed, between the 1st (...)

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 incumbent telecom service provider for price squeeze (Magyar Távközlési)
lakatos, koves and partners
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lakatos, koves and partners
The Hungarian Competition Office (HCO) launched an investigation against Magyar Távközlési Rt. (Matáv) in order to find out whether Matáv had abused its dominant postition between February and July 2002 by determining retail prices in relation to the interconnection fees in the wholesale market in a (...)

The Hungarian Competition Office fines telecom incumbent for margin squeeze in fixed telephone market (Magyar Telekom)
Morley Allen & Overy Iroda (Budapest)
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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)
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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 orders interim measures to address competition concerns in the public radio broadcasting sector (TDF)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence observes the end of TDF’s monopoly on broadcasting programmes for Radio France and imposes interim measures.* In a decision dated 1st December 2003, the Conseil de la concurrence (...)

The French Competition Authority sanctions the telecommunication incumbent for having broken injunctions ordered to address an abuse of a dominant position on the market for trade in telephone subscriber lists (France Télécom)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Universal directory : France Télécom sanctioned by the Conseil de la concurrence for breaching an injunction.* Following a referral by the companies Sonera France (now Fonecta) and Scoot France, the Conseil de (...)

The EU Commission adopts a decision under Article 82 against French internet provider’s pricing policy for ADSL services (Wanadoo)
Sheppard Mullin (Brussels)
,
French Ministry of Economic, Industrial and Numerical Affairs
"Two Commission decisions on price abuse in the telecommunications sector"* During the first half of the year 2003, the Commission adopted two formal prohibition decisions pursuant to Article 82 EC-Treaty regarding abusive pricing for the provision of telecommunications services. Those are the (...)

The EU Commission adopts a decision under Art. 82 against German telecom incumbent’s pricing strategy for local access to the fixed telephony (Deutsche Telekom)
Sheppard Mullin (Brussels)
,
French Ministry of Economic, Industrial and Numerical Affairs
"Two Commission decisions on price abuse in the telecommunications sector"* During the first half of the year 2003, the Commission adopted two formal prohibition decisions pursuant to Article 82 EC-Treaty regarding abusive pricing for the provision of telecommunications services. Those are the (...)

The EU Commission concludes a settlement with telecommunications incumbent in a case concerning a presumed margin squeeze for broadband access in Germany (Deutsche Telekom)
European Commission - DG COMP (Brussels)
"Presumed margin squeeze for broadband access in Germany: settlement with Deutsche Telekom"* In February 2004, the Directorate-General for Competition concluded a settlement with Deutsche Telekom AG (DT) in a case concerning a presumed margin squeeze for broadband access in Germany. The (...)

The Spanish Supreme Court confirms an abuse of dominant position by the telecom incumbent consisting on a refusal to supply lines to 3C Communications (Teléfonos en Aeropuertos - Telefónica de España)
Martinez Lage, Allendesalazar & Brokelmann (Madrid)
Introduction On 6 March 2003, the Spanish Supreme Court (the Tribunal Supremo, TS) confirmed a judgement of the Spanish National Court (the Audiencia Nacional, AN) which upheld a decision of 1 February 1995 by the Spanish competition authority (the Tribunal de Defensa de la Competencia, TDC (...)

The Estonian Supreme Court issues a landmark decision on excessive pricing and interaction between competition law and regulation (Eesti Telefon)
EFTA Surveillance Authority
1. Background information AS Eesti Telefon (ET, currently Elion Ettevõtted AS) is the Estonian incumbent telecom operator. The Estonian Competition Board (ECB) initiated proceedings against ET after ET had implemented a price rise to its on-net telephone services provided at a fixed location. (...)

The French Competition Authority closes a case in the mobile telephony sector but does not exclude the anticompetitive character of the practices (Orange France)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. Orange France renounced to overcharge the calls of its consumers towards its competitors, the Conseil de la concurrence decided to close the case* On September 15 2002, Orange France1, implemented a new call (...)

The Netherlands Competition Authority determines that all five mobile telephone operators have a dominant position on their own mobile telephone networks with regard to the termination of calls
Netherlands Authority for Consumers & Markets (The Hague)
NMa: Separate Market for Call Termination for Each Mobile Operator* All five mobile telephone operators in the Netherlands (KPN Mobile, Vodafone, Dutchtone, Ben en O2) have a dominant position on their own mobile telephone networks with regard to the termination of calls. A mobile telephone (...)

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 (...)