Telecommunications

Anticompetitive practices

A US District Court denies motion to dismiss the complaint finding insufficient arguments to warrant a dismissal of the claims on per se tying and block-booking on the market for cable television (Cablevision / Viacom International)
Womble Carlyle Sandridge & Rice (Charlotte)
Suit Challenging Cable Bundling Survives Motion to Dismiss* Cable subscribers, tired of being forced to purchase more obscure channels like VH1 Classic and Teen Nick in order to get their nightly Daily Show fix on Comedy Central, should be encouraged by a recent antitrust decision out of the (...)

The South African Independent Communications Authority requests investigation into possible restrictive horizontal practices between two broadcasters (SABC / MultiChoice)
Primerio
Television antitrust saga continues, MultiChoice in the cross-hairs again* Interest group seeks antitrust investigation in free-to-air channels According to a press release by the Independent Communications Authority of South Africa (ICASA), the organisation proposed last on 4 April 2014 a (...)

A US District Court denies the motions to dismiss the plaintiff’s amended complaint against the "anti-troll" group organizing a boycott of android related patents (Cascades Computer Innovation / RPX)
Orrick, Herrington & Sutcliffe (San Francisco)
“Anti-Patent Troll” Fails to Secure Dismissal of Amended Antitrust Complaint* Back in January, I covered the case of Cascades Computer Innovation LLC v. RPX Corp., 2013 U.S. Dist. LEXIS 10526 (N.D. Cal. Jan. 24, 2013), where Judge Yvonne Gonzalez Rogers dismissed – with leave to amend – Cascades’ (...)

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

The 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 (...)

A US District Court dismisses with leave to amend antitrust claims against high-tech producers employing the android operating system (Cascades Computer Innovation / RPX)
Orrick, Herrington & Sutcliffe (San Francisco)
Can An “Anti-Patent Troll” Be a Monopsonist or a Section 1 Conspirator?* A recent interesting case suggests that “anti-patent trolls” may in theory face antitrust liability. In Cascades Computer Innovation LLC v. RPX Corp., 2013 U.S. Dist. LEXIS 10526 (N.D. Cal. Jan. 24, 2013), Judge Yvonne (...)

The Danish Competition and Consumer Authority publishes a report on mobile phone subscribers and insurance customers’ switching of service providers
European Commission
Denmark: Non-transparent Markets make Switch of Service Providers difficult* On 22 November 2012, the Danish Competition and Consumer Authority (DCCA) published a report on mobile phone subscribers and insurance customers’ switching of service providers. The main conclusions are: • Every (...)

A US District Court denies motion to dismiss an action against a SSO in a case of alleged conspiracy to exclude plaintiff’s technology from the latest 4th generation global standard for mobile telecommunications (TruePosition / Ericsson)
Davis Wright Tremaine
Antitrust & Associations: “Standard Setting Can Be Risky Business”* Virtually every industry, from telecommunications to agriculture, has benefited from standard-setting organizations (SSOs), whose collaborative work can advance technology, promote health and safety, and enhance quality and (...)

The Danish Competition Authority clears conditionally a case concerning a horizontal production agreement in the mobile telecommunications sector (Telia / Telenor)
Danish Competition and Consumer Authority (Copenhagen)
Radio Access Network sharing agreement between Telia Denmark A/S and Telenor A/S* On February 29 2012 the Danish Competition Council (DCC) cleared a case concerning a horizontal production agreement in the mobile telecommunications sector. The clearance is subject to conditions. Telia Denmark (...)

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

A US District Court dismisses claims of anti-competitive exclusion of positioning technology from standards (Trueposition / Ericsson)
Stanford University - Stanford Law School
U.S. District Court dismisses claims of anti-competitive exclusion of positioning technology from standards* On 6 January 2012 the U.S. District Court for the Eastern District of Pennsylvania granted motions to dismiss claims that manufacturers of mobile telecommunications products conspired (...)

The Polish Competition Authority finds that delay in introducing mobile television service is a result of anticompetitive agreement (Polkomtel, PTK Centertel, PTC, and P4)
Greenberg Traurig Grzesiak (Warsaw)
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Hogan Lovells (Warsaw)
The OCCP decision On 23 November 2011, the President of the Office of Competition and Consumer Protection («the OCCP») fined four mobile telecom operators (Polkomtel, PTK Centertel, PTC, and P4) for the exchange of information on the assessment of a commercial offer prepared by Info-TV-FM (...)

The Competition Authority of Bosnia & Herzegovina finds no anticompetitive practices on the market for telecom interconnection services in the absence of the requisite anticompetitive object and effect (Crumb / Telekomunikacije Republike Srpske, Aneks)
University of Technology (Tallinn)
On 17 November 2011 the Competition Authority of Bosnia & Herzegovina (KV) closed its investigation into the alleged existence of anticompetitive agreement between the incumbent telecom operator Telekomunikacije Republike Srpske a.d.(Telekom RS) and an independent provider of fixed (...)

The Romanian Competition Council submits for public consultation the commitments proposals drafted by three telecom distributors (Payzone, PayPoint Sercices and PayUp)
European Commission
Romania: Public Consultation on Commitments submitted by Orange Romania and its Distributors* On 2 November 2011, the public consultation launched by the Competition Council (RCC) on the commitments submitted by Orange Romania was closed. The commitments were offered in a case regarding an (...)

The Paris Appeal Court confirms fines imposed by the French Competition Authority in telecommunications case (Mobile phone cartel)
European Commission
France: The Paris Appeal Court upholds Fines imposed by the French Competition Authority in Telecommunications Case* On 30 June 2011, the Paris Court of Appeal upheld the fine that had been imposed by the French Competition Authority in the mobile telephony sector. This ruling follows a (...)

The Bulgarian Commission on protection of competition adopts an opinion on draft amendments to the law on electronic communications
European Commission
Bulgaria: The Commission for the Protection of Competition (CPC) welcomes pro-competitive Amendments to Telecommunications Legislation* On 12 May 2011, the Commission on Protection of Competition (CPC) adopted an opinion on draft amendments to the Law on Electronic Communications (LEC). Some (...)

The Brussels Court of Appeal clarifies the scope of business secrets and anticompetitive exchanges of information in court actions between competitors (KPN and Beldiscom)
UGGC Avocats (Brussels)
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Buyle Legal (Brussels)
Introduction In a judgment dated 24 March 2011, the Brussels Court of Appeal ruled that the protection of business secrets prevents the exchange between competitors of detailed information on mobile phone subscriptions contained in an expert report produced in a Court action between KPN and (...)

The US Court of Appeals for the 7th Circuit upholds the plausibility of a claim for alleged conspiracy in the telecommunications sector under the Twombly standard (Text messaging antitrust litigation)
Wolters Kluwer (Riverwoods)
Conspiracy to Fix Prices for Text Messaging Services Plausible* Antitrust plaintiffs asserting price fixing claims do not need a “smoking gun” to avoid dismissal of their complaint and proceed to discovery. Yesterday, the U.S. Court of Appeals in Chicago decided that consumers plausibly alleged (...)

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

The Dutch Trade and Industry Appeals Tribunal holds that undertakings participating in an exchange of information amounting to a concerted practice should not be required to adduce irrefutable evidence that such exchange do not have any effect on their conduct on the market (KPN, Orange, Telfort, T-Mobile, Vodafone Libertel)
European Commission - DG HR
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European Court of Justice (Luxembourg)
The Dutch Trade and Industry Appeals Tribunal has held that by virtue of Article 6 of the ECHR, undertakings participating in an exchange of information amounting to a concerted practice should not be required to adduce irrefutable evidence that such exchange did not have any effect on their (...)

The French supreme Court penalizes again exchanges of information on overall sales volumes (Bouygues Télécom, SFR, Orange France / UFC Que Choisir)
Vogel & Vogel
On 7 April 2010, the Supreme Court quashed the judgment of the Paris Court of Appeal which had been unusually severe in finding a restrictive agreement from information exchanges between Orange, SFR and Bouygues Telecom distorting the conditions for unlawfulness set out in the famous John Deere (...)

The French Supreme Court quashes the ruling of the Paris Court of Appeal relating to the exclusive distribution agreements of iPhones (Orange-Apple)
Simmons & Simmons (Paris)
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Hewlett Packard (Boulogne-Billancourt)
In a ruling dated 16 February 2010, the French Supreme Court (the "Supreme Court") quashed the ruling of the Paris Court of Appeal (the "Court of appeal") relating to the exclusive arrangements between Orange France (a subsidiary of France Telecom) and Apple for the distribution of iPhones in (...)

The French Competition Authority accepts the commitments to waive distribution exclusivity on mobile telephones ("i-Phone" Apple - Orange)
Norton Rose Fulbright (Paris)
On 11 January 2010, the French Competition Authority handed down its first decision of 2010, accepting the commitments undertaken by Apple and Orange to waive any distribution exclusivity on current and future iPhones models. Such Commitment Decision, taken pursuant to Article L. 464-2 I of (...)

The Bulgarian Competition Authority holds that a network of vertical exclusivity agreements covering 86% of the relevant market has anticompetitive effects (Megalan - Universities)
Kinstellar (Sofia)
The Bulgarian Commission for Protection of Competition (the “CPC”) found that a network of vertical exclusivity agreements regarding construction and exploitation of Internet infrastructure and access to Internet that covered 86% of the relevant market foreclosed new entries and expansion by (...)

The French Competition Authority fines incumbent telecom operator in overseas territories and applies EU case law on presumption of liability of parent companies for the first time (Orange Caribbean)
European Commission
France: The Autorité fines Incumbant Telecom Operator in the Overseas Territories and applies EU Case-Law on Presumption of Liability of Parent Companies for the first Time On 9 December 2009, the Autorité de la concurrence imposed on Orange Caribbean, the incumbent and leading telecom operator (...)

The Russian Competition Authority establishes the existence of price-fixing agreements concluded between a mobile phone manufacturer and its distributors (Nokia)
University of Technology (Tallinn)
On 23 September 2009 Russian Competition Authority (FAS) established that leading manufacturer of mobile phones NOKIA has infringed Russian competition law by including recommended resale prices in its distribution contracts. Due to the fact that NOKIA has subsequently deleted “recommended (...)

A Portuguese self-regulation body for advertising suspends triple-play campaign due to misleading claim of optical fibre connections (PT Comunicações / ZON TV CABO)
University of Lisbon
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Abreu Advogados
On 27 July 2009 ICAP - Instituto Civil da Autodisciplina da Comunicação Comercial (Civil Institute for Self-Discipline in Commercial Communication) ordered the suspension of the advertising campaign carried out by leading pay-TV operator in Portugal ZON TV CABO following a complaint by PT (...)

The Spanish Competition Authority acquits three telecom operators of alleged anticompetitive practices consisting in parallel increasing mobile phone rates (Teléfonos Móviles - Telefónica, Vodafone, France Telecom )
Hogan Lovells (Madrid)
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Allianz (Brussels)
On 2 July 2009, the Council of the Spanish Competition Authority (Consejo de la Comisión Nacional de la Competencia, hereinafter the “Council of the CNC”) concluded that the increase of the mobile phone rates implemented in parallel by Telefónica Móviles España, S.A.U. ("Telefonica"), Vodafone (...)

The European Court of Justice clarifies the notion of concerted practice and holds that a single meeting amongst competitors where they exchanged sensitive information can be caught by EU Antitrust rules (T-Mobile Netherlands)
Bird & Bird (Brussels)
Concerted practices, greyhounds, swans and alcoholmeters* Adam Smith wrote in the Wealth of Nations that “two greyhounds, in running down the same hare, have sometimes the appearance of acting in some sort of concert. Each turns her towards his companion, or endeavours to intercept her when his (...)

The Paris Court of Appeal confirms decision against French mobile operators in exchange of information case (Orange, SFR, Bouygues Télécom)
Van Bael & Bellis (Brussels)
On 11 March 2009, the Paris Court of Appeal confirmed the French Competition Council’s decision of 30 December 2005 in which it found inter aliathat, by engaging in the exchange of confidential information, three French mobile operators, Orange (France Télécom Group), SFR (Vivendi Group) and (...)

The Paris Court of appeals confirms the NCA’s interim measures preventing exclusive rights regarding the distribution of the iPhone (Apple - Orange - France Télécom)
White & Case (Paris)
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Reseau de transport d’electricite (RTE)
In a decision dated 4 February 2009, the Paris Court of Appeals confirmed decision n° 08-MC-01 of the French Competition Council concerning practices implemented in the distribution of iPhones. This decision was anxiously awaited by mobile phone operators competing with Orange and which began (...)

The Croatian Competition Authority annulls the price-fixing agreements concluded between a mobile phone operator and its distributors (VIPnet)
University of Technology (Tallinn)
VIPnet d.o.o. (VIPnet) is a Croatian mobile telecom operator established in 1998 by the Mobilkom Austria AG. VIPnet provides its services through a network of “partners” and “wholesalers”. “Partners” sell VIPnet’s products and services directly to the final consumers on the VIPnet’s account. (...)

The French Competition Authority orders the suspension of the iPhone exclusivity on the basis of Art. 81 EC (Bouygues Telecom/Apple-Orange)
French Competition Authority (Paris)
The Conseil de la concurrence considered that the agreements entered into between Orange and Apple were likely to introduce further rigidity, to increase consumer captivity due to smartphones attraction and, through the implementation of a differentiation strategy, to reduce competition in a (...)

The Paris Court of Appeal upholds the legality of two restrictions on Internet sales by authorised retailers within a selective distribution network (PMC Distribution / Pacific Création)
Freshfields Bruckhaus Deringer (Paris)
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Freshfields Bruckhaus Deringer (Paris)
In its decision dated 18 April 2008, S.A.R.L. PMC Distribution vs. S.A.S. Pacific Création, the Paris Court of Appeal (the "Court") takes part in the debate on the legal regime of Internet sales within selective distribution systems. Pacific Création, an undertaking which manufactures and (...)

A Dutch Court makes a reference for a preliminary ruling to the ECJ concerning the application of Art. 81.1 EC to concerted practice between mobile phone operators (KPN Mobile)
European Commission - DG HR
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European Court of Justice (Luxembourg)
In December 2002, the Dutch Competition Authority (hereafter the ‘NMa’) imposed fines upon five Dutch mobile phone companies for breach of Article 6 of the Dutch Competition Act (a provision equivalent to Article 81 (1) EC). The NMa found that those mobile phone operators exchanged confidential (...)

A German Court rules on the exclusive iPhone distribution agreements (Apple/T-Mobile)
Gleiss Lutz (Munich)
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Milbank, Tweed, Hadley & McCloy (Munich)
On 4 December 2007 the German Regional Court of Hamburg issued a decision on the compatibility with competition law and the law against unfair practices of the exclusive distribution agreement concluded between the German mobile network operator T-Mobile and the American multinational (...)

A Danish Court inflicts a criminal sanction to a company director and fines mobile phone dealers for fixing prices and transport costs following transmission of the case from the NCA (Telemobilia - Aircom Erhverv - Jokerprice)
Danish Competition and Consumer Authority (Copenhagen)
On 27 November 2007 the Danish District Court of Roskilde found that the mobile phone distributor Telemobilia ApS (“Telemobilia”), and its director had fixed prices with two other mobile phone distributors (Aircom Erhverv and Jokerprice). The court imposed a fine of DKK 125,000 (EUR 17,000) on (...)

The German Federal Cartel Office approves mobile television broadcasting cooperation subject to commitments (T-Mobile/Vodafone/O2)
Blomstein
Background The market for mobile television is still at an early stage of the development. In Germany, different mobile TV standards have undergone test phases but until now no German-wide system is in operation. Already in 2006, three major mobile phone network operators T-Mobile, T-Vodafone (...)

The French Commercial Supreme Court rules that exchange of information is not prohibited per se and recalls that imposing fine in an oligopolistic market requires to demonstrate a concrete anticompetitive object or effect (Bouygues Telecom, Orange, SFR, “Mobile telephony case”)
White & Case (Paris)
The “mobile telephony case” in which the French Competition Council, upheld by the Paris Court of Appeal, imposed on three competitors a record EUR 534 million fine, has not come to an end yet since the Cour de cassation (French supreme court for judicial matters) partially repealed the appeal (...)

The French Commercial Supreme Court rules that exchange of information between competitors in an oligopolistic market is not per se contrary to Art. 81 EC and national equivalent provision (Bouygues Telecom, Orange, SFR)
French Competition Authority (Paris)
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European Commission - DG COMP
French Commercial Supreme Court [Cour de cassation (Chambre commerciale, financière et économique)], 29 June 2007, Bouygues Telecom, Orange, SFR, Cases n° U 07-10.303, Z 07-10.354 and W 07-10.397 Background On 29 June the French Commercial Supreme Court (“the Supreme Court”) ruled on a (...)

The French Commercial Supreme Court partly annuls the Paris Court of Appeal’s judgment on illicit exchange of sensitive information in the mobile telephony cartel, thus strengthening the standard of proof (Bouygues Telecom SFR and Orange)
Kramer Levin Naftalis & Frankel (Paris)
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Eversheds Sutherland (Paris)
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Eversheds Sutherland (Paris)
French Commercial Supreme Court [Cour de cassation (Chambre commerciale, financière et économique)], 29 June 2007, Bouygues Telecom, Orange, SFR, Cases n° U 07-10.303, Z 07-10.354 and W 07-10.397 Proceedings In its decision of November 25, 2005, the French Competition Council imposed record (...)

The Polish Competition Authority decides to discontinue proceedings instituted against the fixed telephony incumbent and a mobile phone operator by referring to the single economic unit doctrine (Telekomunikacja Polska - Polska Telefonia Komorkowa Centertel)
French National Research Agency (ANR)
In 2003, the Office for Competition and Consumer Protection published a paper entitled “Polish Telecommunication Sector and the Activity of the Anti-monopoly Authority” dealing with competition law violations that occurred in this sector, with particular attention to the behaviour of (...)

The Paris Court of Appeal confirms the NCA’s record fine on three mobile telephony operators for exchanging confidential information and maintaining market shares (Bouygues Télécoms, SFR, Orange France)
Freshfields Bruckhaus Deringer (Paris)
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Total (Paris)
Following the Competition Council’s decision to initiate proceedings ex officio in 2001 and a complaint lodged by the consumer association UFC Que Choisir in 2002, an investigation revealed the existence of anticompetitive agreements on the French mobile telephony market. In a decision dated 30 (...)

The Paris Court of appeal upholds France’s highest antitrust fine ever and confirms a strict -yet not entirely clear- approach towards exchange of information between competitors in oligopoly markets (Bouygues Télécom, SFR, Orange France)
University Paris II Panthéon‑Assas
Paris Court of Appeal (Cour d’appel de Paris, 1ère Chambre, Section H), 12 December 2006, n° RG 2006/00048, Bouygues Télécoms SA, SFR SA, Orange France SA On November 25, 2005, the French competition council imposed a combined fine of EUR 534 million on France’s three mobile operators, i. e. the (...)

The Hungarian Competition Office fines three IT companies for collusion in public procurement procedures (Synergon)
Dechert (London)
The Competition Council of the Hungarian Competition Authority has imposed heavy fines on three companies operating in the IT sector (namely Synergon Informatikai PLC- “Synergon”, Montana Információtechnnológiai és Kommunikációs PLC- “Montana” and Hewlett-Packard Magyarország LLC- “Hewlett-Packard”) for (...)

The Cyprus Competition Authority fines the telecommunications incumbent and a subscriber channel for a restrictive cooperation agreement on the DSL market (CYTA/LTV)
International Transport Forum
Commission for the Protection of Competition (Epitropi Prostasias Antagonismou), 4 August 2006, Cyprus Telecommunications Authority (CYTA) and Lumiere TV Ltd (LTV) In its unanimous decision of 4 August 2006 the Cyprus Commission for the Protection of Competition (C.P.C.) imposed a fine of £CY (...)

A Dutch Court quashes the decision of the national competition authority in the mobile operators case for unsufficient motivation (KPN Mobile, Orange, T-Mobile, Vodafone Libertel)
Covington & Burling (Brussels)
The District Court of Rotterdam judged in favour of the “mobile operators” in their case against the Dutch Competition Authority (the NMa). The NMa’s case alleging cartel activities was ruled to be insufficiently founded and therefore annulled. On July 13th, the District Court of Rotterdam handed (...)

The French Competition Council imposes record fines on the mobile telephone operators for market sharing and exchange of information (Orange, SFR, Bouygues)
Gide Loyrette Nouel (Paris)
On November 30th 2005, the French Competition Council (the “Council” ) imposed heavy fines on the three mobile telephone undertakings, Orange France, SFR and Bouygues Telecom, amounting to a € 534 millions total. The allotment of the fines was as follows : Orange France: 256 million Euros (...)

The Court of Amsterdam orders a new entrant to cease actively soliciting the clients of the telecommunication incumbent on the ADSL market under a penalty of 5000 € (Wanadoo/KPN)
European Commission - DG HR
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Dutch Ministry of Security and Justice
KPN, the Dutch historical telecommunication operator, owned an ADSL network through which it provided “fast ip access” to other internet service providers. “Fast ip access” enabled other internet service providers to provide their services to end-users. Wanadoo is an Internet service provider which (...)

The Hungarian Competition Council exempts a 9 year exclusive services agreement with the incumbent on the basis of Art. 81.3 EC in the IT services market (Magyar Telekom)
Dentons (Paris)
Facts of the case The Rába Group (the "Group") is one of Hungary’s largest vehicle manufacturers, which produces undercarriages, spare parts and commercial vehicles, mainly for export markets (60% of its production is exported). The Rába Group is one of the biggest undercarriage constructors in (...)

The Czech Competition office states that a contractor’s undertaking not to supply to another purchaser for better prices is an anticompetitive agreement (Èeský Telecom/Joyce - Lucent)
Government of the Czech Republic
The Office for the protection of competition of the Czech Republic confirmed on March 25, 2005 its earlier first instance decision, in which it has found that the agreements concluded by Èeský Telecom with two suppliers of ADSL modems represent a prohibited price fixing agreement as they bind the (...)

The French Competition Authority hands down interim measures in the ADSL television sector (France Télécom / TPS)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence hands down interim measures in the ADSL television sector.* In its decision 04-MC-01 of 15th April 2004, the Conseil de la concurrence handed down interim measures against the (...)

The Hungarian Competition Authority finds that RPM in agency agreements does not infringe competition law (Westel Mobil)
Oppenheim
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Oppenheim - Budapest
Description of the impugned case The supplier (Westel Mobil, a mobile telecommunications service provider), concluded agreements on the marketing and sale of mobile telecommunications services and discounted cell phones with different dealers; the agreements contained RPM clauses. The HCO (...)

The German Federal Cartel Office imposes fines on two manufacturers for infringing the prohibition to influence retail sale prices in an anticompetitive way (Swissphone Telecommunications / Ansmann Energy)
Linklaters (Dusseldorf)
Description of the impugned case One case deals with in indirect RPM clause: the producer of telecommunication equipment provided his dealers with rebates under the condition that they would maintain the recommended sale prices (Swissphone). In the other case, the producer of batteries and (...)

The European Commission provides clear guidance on the compliance of network sharing in 3rd generation mobile telecommunications systems with EC competition rules (T-Mobile/O2)
Leuven University
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University of Tilburg
"Network sharing in 3rd generation mobile telecommunications systems: minding the coverage gap and complying with EC competition rules"* Introduction In February 2002, T-Mobile and O2 notified two agreements that provided for the Parties to cooperate by way of network sharing in the buildout (...)

The Netherlands Competition Authority imposes fines for reduction of dealer fees for post-paid mobile telephone subscriptions and exchange of sensitive information (Ben Nederland / Dutchtone / KPN Mobile / O2 / Vodafone Libertel)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Fines Mobile Telephone Operators EUR 88 Million* The Netherlands Competition Authority (NMa) has imposed fines totalling EUR 88,000,000 on Ben Nederland B.V., Dutchtone N.V., KPN Mobile N.V., O2 (Netherlands) B.V. and Vodafone Libertel N.V. NMa has established that these companies (...)

The European Commission clears agreements to set up and operate a world-wide mechanism to evaluate, certify and license patents for third generation mobile communications systems (3G3P)
European Commission
"Competition law analysis of patent licensing arrangements — the particular case of 3G3P"* On 12 November 2002, the Commission’s Competition Directorate-General cleared agreements to set up and operate a world-wide mechanism to evaluate, certify and license essential patents for third generation (...)

The Netherlands Competition Authority approves proposed setting up of a joint venture in the telecom sector (Dutchtone / Ben)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Approves Cooperation between Dutchtone and Ben in Construction of UMTS Network* The Netherlands Competition Authority (NMa) has given its approval to the proposed setting up of a joint venture by Dutchtone and Ben. This joint venture will construct and administer parts of the UMTS network (...)

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

The German Federal Court of Justice holds that an agreement between a company that owns and lets housing units and a cable network operator according to which the increase of fees for the supply with cable TV to be paid by the tenants is dependent on the housing company’s approval is null and void due to an infringement of the prohibition to fix prices for contracts with third parties (Kabel-Hausverteilanlagen)
Linklaters (Dusseldorf)
Description of the impugned case The case deals with an indirect vertical price fixing clause between a housing company and a cable network operator which restricts the cable network operator in determining the fees charged from the housing company’s tenants in that in particular the (...)

The European Commission approves, subject to commitments, two joint ventures between French and German telecommunications operators (Atlas, Phoenix)
European Commission - DG COMP
"Atlas/Phoenix"* On 15 December 1995, the Commission published two Notices pursuant to Article 19 (3) of Regulation 17 [OJ C 337 of 15.12.95] indicating that it intends to take a favourable position and inviting third parties to send their observations with respect to the Atlas and Phoenix (...)

The European Commission clears interim intellectual property rights arrangements in the telecommunications industry (ETSI)
European Commission - DG COMP
"ETSI IPR Policy"* The Commission issued a negative clearance-type comfort letter with respect to ETSI‘s (European Telecommunications Standards Institute) Interim IPR Policy. The intellectual property rights arrangements which ETSI developed and notified to the Commission, provided that members (...)

Dominance

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 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 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 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 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 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 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 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 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 (...)

A US Court issues first analysis of an appropriate royalty that a patentee could obtain after promising to license its patent on reasonable and nondiscriminatory (RAND) terms (Microsoft / Motorola)
Rutgers University
On April 25, 2013, Judge James L. Robart of the U.S. District Court for the Western District of Washington offered the first analysis by a U.S. court of an appropriate royalty that a patentee could obtain after promising to license its patent on reasonable and nondiscriminatory (RAND) terms. (...)

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 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 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)
,
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 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 Slovenian Competition Authority fines abuse of dominant position in mobile telecommunications market (Telekom Slovenije)
European Commission
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 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, (...)

An Italian City Court rejects application for an injunction against the sale of the iPhone 4S (Samsung / Apple)
Ashurst (Milan)
Italian Court rejects Samsung’s request for injunction against Apple in Italy* On 5 January 2012 an Italian Court rejected Samsung’s request for an injunction against Apple in relation to the sale of the iPhone 4S in Italy. Samsung alleges that Apple is violating a number of its patents, which (...)

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 European Commission imposes on telecoms operator a fine of € 127 000 000 for abusing its dominant position (Telekomunikacja Polska)
European Commission
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
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 Spanish NCC closes, subject to commitments, proceeding against the performer’s collective management organization for unfair and discriminatory tariffs on TV broadcasting of audiovisual works (AISGE)
Callol, Coca & Asociados (Madrid)
The commitments finally presented by AISGE redesign the calculation of the tariffs to reflect effective use of its repertoire and have been considered adequate to resolve the anti-competitive effects of the conduct of AISGE; AISGE was under investigation in relation to unfair and discriminatory (...)

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 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
* 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 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 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 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 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
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
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
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 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 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 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 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
"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 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
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 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 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)
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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 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)
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European Commission - DG COMP
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 (...)

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)
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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)
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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 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)
,
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
,
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
,
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
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)
,
European Commission - DG COMP
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)
,
Eversheds Sutherland (Paris)
,
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)
,
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
,
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 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)
,
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)
,
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)
,
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)
,
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
,
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)
,
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 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
,
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
,
"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)
,
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
,
European Commission - DG COMP
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
,
"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)
,
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
,
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 Hungarian Competition Office fines incumbent telecom service provider for price squeeze (Magyar Távközlési)
lakatos, koves and partners
,
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)
,
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 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
"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 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 Netherlands Competition Authority draws up a report on the five mobile telephone operators, who entered into an agreement to reduce jointly and almost simultaneously the fee paid to dealers for selling telephone subscriptions (Vodafone / KPN Mobile / Dutchtone / Ben Nederland / O2)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Draws up a Report on Mobile Telephone Operators* Following an investigation, the Netherlands Competition Authority (NMa) has drawn up a report on the five mobile telephone operators due to an agreement entered into by Vodafone N.V., KPN Mobile N.V., Dutchtone N.V., Ben Nederland B.V. and (...)

The French Competition Authority grants interim measures in the ADSL line sector (France Télécom)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. High-speed Internet access via ADSL : the Conseil de la concurrence orders France Télécom to suspend sales of eXtense packs in its outlets* Following a referral by the company T-Online, an Internet service (...)

The French Competition Authority grants interim measures in the local communication market (Télé 2 and Cégétel)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. Opening of the market for local communications : the Conseil de la concurrence hands down interim measures against France Télécom* Following referrals by the companies Cégétel and Télé 2, in a decision dated 19th (...)

The French Competition Authority opens an inquiry in the telephony sector and imposes interim measures (France Télécom)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. The Conseil de la concurrence launches an inquiry concerning the France Télécom’s “Ligne France” tariff offer, and issues interim measures* In a decision dated 5th December 2000, following a referral by the (...)

The French Competition Authority opens an inquiry in the WAP technology sector (France Télécom Mobiles and SFR)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. the Conseil de la concurrence opens an inquiry into practices by France Télécom Mobiles and SFR in the WAP technology sector* In a decision dated 7th November 2000, following a referral by the company (...)

The EU Commission agrees on a series of conditions for the introduction of new business customer tariffs by German incumbent telecom operator (Deutsche Telekom)
Hong Kong’s Competition Commission
,
European Commission - DG COMP
,
European Commission - DG COMP
"Deutsche Telekom"* On the 25th of June, Commissioner Karel Van Miert sent a letter to the German Minister of Post and Telecommunications, Mr Wolfgang Bötsch marking his agreement on a series of conditions for the introduction of new business customer tariffs by Deutsche Telekom. Deutsche (...)

Mergers

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

The EU General Court confirms that the merged parties are not dominant in the internet visual communications market and rejects interoperability issues raised by appellants (Microsoft / Skype)
Ashurst (Milan)
EU Court upholds the Commission’s decision on the Microsoft/Skype deal* On 11 December 2013 the EU’s General Court (the “Court”) handed down its ruling concerning Microsoft’s acquisition of Skype. The Court held that the Commission rightly considered that the transaction does not restrict (...)

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

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

The US DoJ issues statements regarding the abandonment of a proposed acquisition in the mobile wireless telecommunications industry (AT&T/T-Mobile)
University of Berkeley
AT&T officially ends plans to acquire T-Mobile USA* As a reaction to the DOJ’s antitrust actions AT&T has now officially abandoned its plans to acquire T-Mobile USA for approx. $ 39 billion. In a news release from the 19th December 2011 AT&T said, that “after a thorough review of (...)

The US DoJ closes its investigation and gives green light to $400 M acquisition in the advertising display industry (Google/Admeld)
Sidley Austin (Brussels)
DOJ closes investigation into Google’s acquisition of Admeld Inc.* On December 2, 2011 the DOJ announced its decision to close the investigation into Google’s acquisition of Admeld Inc. allowing Google to complete its $ 400 million merger. The DOJ’s investigation focused on the potential (...)

The EU Commission decides not to oppose the notified operation and declares it compatible with the internal market and the EEA Agreement (Microsoft / Skype)
University of South Australia
Microsoft/Skype – or the Commission in the Shadow of Parties Submission* The Commission’s decision in Microsoft/Skype contradicts its previous Article 102 decisions in Microsoft I (WMP) and Microsoft II (Internet Explorer). Read §152 of Microsoft/Skype : “consumers do not simply use whatever (...)

Seven US States join US DoJ in suit to block the proposed combination of two of the four largest providers of mobile wireless telecommunications services (AT&T/T-Mobile)
Wolters Kluwer (Riverwoods)
Seven States Join U.S. in Suit to Block AT&T’s Acquisition of T-Mobile* The Attorneys General of California, Illinois, Massachusetts, New York, Ohio, Pennsylvania, and Washington have signed on to the U.S. Justice Department’s complaint challenging AT&T, Inc.’s proposed $39 billion (...)

The US DoJ announces challenge to proposed combination of two of the four largest providers of mobile wireless telecommunications services (AT&T/T-Mobile)
Wolters Kluwer (Riverwoods)
AT&T’s Planned Acquisition of T-Mobile Challenged by Justice Department* The U.S. Department of Justice today moved to block AT&T Corporation’s proposed acquisition of T-Mobile USA Inc. According to the Justice Department, the proposed acquisition would combine two of the four largest (...)

The Dutch Competition Authority conditionally clears a merger in the telecom sector (BelCompany/Vodafone)
Van Bael & Bellis (Brussels)
On 18 July 2011, the Dutch Competition Authority cleared the acquisition by telecom operator Vodafone of BelCompany, a chain of telecom shops, subject to conditions relating to the sale of phone subscriptions. The Competition Authority held that the transaction, as initially notified, created a (...)

The Serbian Competition Authority initiates an ex officio investigation concerning potential acquisition of the majority shareholding in the incumbent telecom operator (Telekom Austria, Telekom Srbija)
University of Technology (Tallinn)
On 28 February 2011 the Serbian Competition Authority (KZK) initiated an ex officio investigation into the (anti)competitive effects of the potential acquisition by Telekom Austria of the majority shareholding (51%) in the Serbian incumbent telecom operator Telekom Srbija. Following the (...)

The US FTC announces the closure of its investigation of the acquisition of the mobile advertising network company (AdMob)
Stanford University - Stanford Law School
U.S. Federal Trade Commission closes its investigation of Google’s acquisition of AdMob* On 21 May 2010 the U.S. Federal Trade Commission (“FTC”) announced the closure of its investigation of Google’s acquisition of the mobile advertising network company AdMob. According to the FTC, though the (...)

The European Commission clears in phase I a merger in video communications industries accepting complex remedies proposed by merging parties (Cisco, Tandberg)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
T-Mobile/Orange and Cisco/Tandberg: Commission accepts complex Phase I remedies* When the Commission’s Remedies Notice was published in 2008, many commentators thought the Notice’s requirements for parties to a concentration to offer an acceptable remedy were too demanding. The concern was that (...)

The Belgian Competition Council grants conditional authorization for an acquisition in the broadband market (Mobistar/KPN Belgium Business)
Leuven University
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
1. Introduction On 25 March 2010, the Belgian Competition Council approved the acquisition of KPN Belgium Business NV, a subsidiary of the Dutch KPN, by Mobistar NV, part of France Télécom. The acquisition concerns on the one hand KPN’s activities on the Belgian wholesale broadband market and on (...)

The European Commission clears, subject to remedies, a merger between French and German telecommunications companies in the UK (Orange/T-Mobile)
"Merger: main developments between 1 January and 30 April 2010" The Commission cleared, 1 March, the proposed merger of Orange UK and T-Mobile UK, respectively France Télécom’s (FT) and Deutsche Telekom’s (DT) UK subsidiaries. The decision is conditional, firstly upon the amendment of an existing (...)

The EU Commission clears in phase I a merger in the mobile industry accepting complex remedies proposed by merging parties (T-Mobile / Orange)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
T-Mobile/Orange and Cisco/Tandberg: Commission accepts complex Phase I remedies* When the Commission’s Remedies Notice was published in 2008, many commentators thought the Notice’s requirements for parties to a concentration to offer an acceptable remedy were too demanding. The concern was that (...)

The EU Commission conditionally approves joint venture between two UK mobile network operators (T-Mobile, Orange)
European External Action Service
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European Commission - DG COMP
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European Commission - DG COMP
"Of spectrum and Radio Access Networks: the T-Mobile/Orange joint venture in the UK"* I. Introduction On 8 September 2009, France Télécom and Deutsche Telekom, the French and German incumbent telecommunication operators, announced a 50/50 joint venture between their UK subsidiaries, Orange and (...)

The European Commission welcomes the declaration of a telecom operator to take over previous commitment after a merger (Nokia, Bosch, IPCom)
Van Bael & Bellis
Several developments that took place during December 2009 suggest that the issue of standards-setting is one that is currently of renewed interest to the European Commission, and likely to remain that way under the next Commission. On 10 December 2009, the European Commission welcomed the (...)

The Spanish Competition Authority fines infrastructures groups in the logistics and telecoms sectors for not meeting the obligation to notify the acquisition of a service provider of digital terrestrial television and broadcasting transport to television stations (Abertis and Tradia/Teledifusión)
Lonza
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Cuatrecasas, Goncalves Pereira (Madrid)
On January 26, 2010, the Spanish Authority (Comisión Nacional de la Competencia, “CNC”) jointly and severally fined Tradia Telecom, S.A. (“Tradia”) and its parent companies Abertis Telecom, S.A. and Abertis Infraestructuras, S.A. (collectively referred to as “Abertis”) €143,000 for acquiring (...)

The Dutch Competition Authority clears a joint venture for the rollout and management of an optical fiber network subject to behavioural remedies (Reggefiber)
RBB Economics (The Hague)
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RBB Economics (Brussels)
Introduction On 19 December 2008 the Dutch Competition Authority (Nederlandse Mededingingsautoriteit, hereafter the NMa) authorized a joint venture (JV) by KPN and Reggefiber conditional upon behavioural remedies . The imposed remedies address the focal points of OPTA’s most recent Market (...)

The Polish Competition Authority clears the setting-up of a joint venture by the leading mobile operators taking into account the high costs of building a specific infrastructure (Mobile TV - P4, Polkomtel, PTC and Centertel)
European University Institute (Florence)
The notified concentration In August 2008, the four largest mobile operators in Poland, Polkomtel, PTC, Centertel and P4, notified the UOKiK (the Office of Competition and Consumer Protection) about their intention to set up a new undertaking that would provide wholesale audiovisual (...)

The Polish Competition Authority clears a joint venture of mobile network operators holding nearly 100% of the market (P4, Polkomtel, PTC and Centertel)
WilmerHale (Brussels)
Situation on the market P4, Polkomtel, PTC and PTK-Centertel are mobile network operators holding 99,9% of the market of retail mobile telecommunication services in Poland. They offer their services under the respective brands of Play, Plus, Era and Orange, and decided to create a joint (...)

The Finnish Competition Authority grants clearance subject to remedies to the acquisition of a Nordic premium pay-TV operator after extended second phase investigation (TV 4 AB / C More Group)
Roschier (Helsinki)
On 27 November 2007 following a twice extended second phase investigation period, the Finnish Competition Authority (“FCA”) conditionally approved the acquisition of C More Group AB (“CMore”) by TV 4 AB (“TV4”), owned by Bonnier Media Group (“Bonnier”) from the German media group ProSiebenSat1 AG. The (...)

The Portuguese Competition Authority conditionally clears a merger in Phase II in the pay-TV market (TV Cabo/Bragatel, Pluricanal Leiria, Pluricanal Santarém)
Cuatrecasas, Goncalves Pereira (Lisbon)
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Cuatrecasas, Goncalves Pereira (Lisbon)
On 21 November 2008, the Competition Authority decided not to oppose a concentration in the subscription television market subject to conditions and obligations, whereby CATVP - TV Cabo Portugal, S.A. (“TV Cabo”) acquired sole control over three competitors: Bragatel - Companhia de Televisão por (...)

The Portuguese Competition Authority conditionally clears a merger in Phase I in the pay-TV market (TV Cabo/TVTel)
Cuatrecasas, Goncalves Pereira (Lisbon)
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Cuatrecasas, Goncalves Pereira (Lisbon)
On 21 November 2008, the Competition Authority decided not to oppose a concentration in the subscription television market subject to conditions and obligations, consisting in the acquisition of sole control by CATVP - TV Cabo Portugal over TVTel - Comunicações, S.A.. The transaction caused a (...)

The Macedonian Competition Authority following EC standards clears a merger in the mobile telecommunications sector subject to divestitures (Deutsche Telekom - OTE)
University of Technology (Tallinn)
Summary The Macedonian Competition Authority conditionally cleared the Deutsche Telekom’s acquisition of the controlling interest in OTE accepting structural divestitures (sale of Cosmofon’s operations) and behavioral commitments (continuation of the marketing of Cosmofon’s products and services (...)

The French Minister of economics clears a telecom merger without remedies after investigating possible coordinated effects and elimination of a maverick (Iliad / Liberty Surf)
RBB Economics (London)
Introduction On 23 October 2008 the French Minister of Economy (MoE) cleared the acquisition of Liberty Surf by Iliad without any conditions. Both Iliad and Liberty Surf (hereafter "Surf") are active in the Telecom sector, providing internet and landline telephone access in France. Surf is (...)

The European Commission clears an acquisition in the navigable digital map databases sector (Nokia/NAVTEQ)
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European Commission - DG COMP
"Mergers: main developments between 1 May and 31 August 2008"* In July the Commission approved the proposed acquisition of NAVTEQ of the US by Nokia of Finland. NAVTEQ is a provider of navigable digital map databases and Nokia mainly produces mobile telephones. Nokia is the largest (...)

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

The Latvian Competition Council imposes fines for failure to notify a de facto concentration (Latvijas Mobilais Telefons)
Raidla Lejins & Norcous (Riga)
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Cobalt Legal (Riga)
On 16 April 2008, the Latvian Competition Council (hereinafter the “Competition Council”) adopted two decisions regarding the acquisition of control over ZetCOM, SIA (hereinafter “ZetCOM”) by Latvijas Mobilais Telefons, SIA (hereinafter “LMT”). In the first decision, the Competition Council found (...)

The French Minister of Economy requires commitments to address possible horizontal and conglomerate effects in a merger of a mobile network and pay-TV operator and an Internet service provider (SFR/Neuf Cegetel)
RBB Economics (Brussels)
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RBB Economics
Introduction On 15 April 2008, the French Minister of Economy (hereafter, the Minister) cleared the proposed acquisition by Société Française du Radiotéléphone (SFR) of a majority share of Neuf Cegetel, subject to remedies. The transaction raised conglomerate issues in the markets for broadband (...)

The UK Competition Commission clears a merger in the market for terrestrial broadcast transmission services subject to extensive behavioural undertakings (Macquarie/ National Grid Wireless)
NERA
The operation On 11 March 2008, the Competition Commission cleared the merger between Macquarie UK Broadcast Ventures Limited (MUKBV) and National Grid Wireless Group (NGW), subject to an extensive set of behavioural remedies. The acquisition was completed on 3 April 2007. MUKBV is the owner (...)

The French Minister of Economics clears a merger in the sector of mobile telephony products and services, including divestiture and behavioural commitments (France Telecom/Compagnie Européenne de Télévision)
University Paris II Panthéon‑Assas
The operation By a letter dated 4 January 2008, the French Minister of Economy, Finance, and Employment authorised a merger between two compagnies specialised in photography and mobile telephony products and services : France Telecom SA and Compagnie Européenne de Téléphonie SA (para. 1.1) (...)

The European Commission clears an acquisition in the wireless telecommunications industry (Syniverse/BSG)
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European Commission - DG COMP
"Mergers: Main developments between 1 September and 31 December 2007"* In December the Commission decided to clear the acquisition by the US technology group Syniverse of the BSG Group’s wireless business, providing data and financial clearing services to wireless telecommunication companies (...)

The Hungarian Competition Authority clears a merger in the programme producing and broadcasting markets with remedies including non-discrimination provisions (Chellomedia CEE Holdco/Filmmúzeum)
lakatos, koves and partners
The operation Chellomedia is owned and controlled by Liberty Global Inc. ("Liberty group") and provides media services worldwide. Filmmúzeum Zrt. broadcasts the channel Filmmúzeum, which is a Hungarian language channel broadcasting films and operated exclusively in Hungary. With the acquisition (...)

The European Commission refers the examination of a proposed acquisition in the satellite communications services to the UK OFT (Apax Partners /Telenor Satellite)
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European Commission - DG COMP
"Merger control: Main developments between 1 May and 31 August 2007"* In May the UK Office of Fair Trading (OFT) formally requested the Commission, pursuant to Article 22 of the Merger Regulation, to examine the proposed acquisition of Norwegian Telenor Satellite Services, a company providing (...)

The European Commission refuses to refer the examination of a concentration in the telecommunications sector to the Bulgarian competition authority (AIG Capital Partners/Bulgarian Telecommunications Company)
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European Commission - DG COMP
"Merger control: Main developments between 1 May and 31 August 2007"* In July the Commission received a request for the referral of this case under Article 9(2) (a) and 9(2) (b) of the EU Merger Regulation from the Bulgarian Competition Authority, but decided to deal with the case itself. The (...)

The Latvian Competition Council conditionally clears a merger in the telecommunications sector (Latvijas Mobilais Telefons SIA/ZetCOM SIA)
Raidla Lejins & Norcous (Riga)
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Cobalt Legal (Riga)
The operation On 26 January 2007 the Latvian Competition Council received a merger notification from Latvijas Mobilais Telefons SIA (“LMT”) and ZetCOM SIA (“ZetCOM”). According to the above agreement LMT acquires 100% shares of ZetCOM. (Section 2) The market(s) The relevant product market was (...)

The European Commission conditionally clears a merger in the fixed and mobile telephony markets (Tele 2 France/SFR)
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European Commission - DG COMP
"Merger control: Main developments between 1 May and 31 August 2007"* In July the Commission approved the purchase of the fixed telephony and Internet access businesses of Tele 2 France by the French mobile telephony operator SFR. As originally notified, the planned operation raised serious (...)

The Hungarian Competition Authority clears a merger in the audiovisual sector subject to non-discrimination remedies (LGI Ventures/Audiotec Médiaszolgáltató)
lakatos, koves and partners
The operation LGI is owned and controlled by Liberty Global Inc. ("Liberty group") and provides media services worldwide. The Audiotec Zrt. is one of the members of the Audiotec group, which develops television channels for children and for the youth, introduces them to the public and also (...)

A Dutch Court upholds the decision of the Dutch Competition Authority and confirms the remedies proposed by the telecommunciation incumbent in the transmission of wireless radio signals sector in order to remedy vertical effects (KPN - Broadcast - Vodafone - UPC - Orange/NMa)
Philips (Amsterdam)
On 11 June 2007 the Dutch Court upheld the decision of the Dutch Competition Authority (NMa) in relation to KPN’s acquisition of the network transmission service company Nozema. The Court concluded that the NMa’s decision not to initiate a Phase 2 investigation was well founded. In December 2005 (...)

The Hungarian Competition Office unconditionally approves a merger between two fixed line telecommunications incumbents (HTTC / Matel)
Morley Allen & Overy Iroda (Budapest)
Background With its decision of 20 April 2007 (Decision), the Hungarian Competition Office (HCO) has approved the acquisition of Matel Holding N.V. (Matel) by Hungarian Telephone and Cable Corporation (HTTC). HTTC controls Hungarotel Távközlési Zrt (Hungarotel). Hungarotel is the incumbent (...)

The Hungarian Competition Office clears without condition a merger in the telecommunications sector (HTTC / Matel)
Oppenheim
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Oppenheim - Budapest
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Oppenheim
Hungarian Telephone and Cable Corporation (together with its subsidiaries, HTCC) completed its acquisition of Invitel Távközlési Szolgáltató Zrt. (Transaction) on 27 April 2007 pursuant to the terms of a Sale and Purchase Agreement, dated as of 8 January 2007, between HTCC and Invitel Holdings N.V. (...)

The Austrian Federal Competition Authority clears in phase II a merger in the Austrian telecommunications sector subject to conditions, including the divestiture of infrastructure, additional wholesale offers and price reductions (Telekom Austria/eTel Austria)
NERA (Berlin)
The operation Telekom Austria AG is the incumbent telecommunications provider in Austria. eTel Austria (eTel) is a full range telecommunication services provider with a focus on business customers and fixed line services. The proposed acquisition of eTel by Telekom Austria was notified to the (...)

The European Commission, after an in-depth investigation, unconditionally approves a merger in the satellite equipment manufacturing industry (Thales/Meccanica/AAS/Telespazio)
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European Commission - DG COMP
"Merger control: Main developments between 1 January and 30 April 2007"* Following an in-depth investigation the Commission decided on 4 April to grant an unconditional clearance to the proposed acquisition by Thales of France of Alcatel‘s shareholdings in the Alcatel Alenia Space (AAS) of (...)

The Austrian Cartel Court clears in phase II the acquisition of alternative telecoms operator by incumbent while accepting infrastructure and wholesale remedies (eTel/Telekom Austria)
Reidlinger Schatzmann Rechtsanwälte
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Bpv Hügel (Vienna)
On 12 April 2007, the Austrian Cartel Court cleared the acquisition of alternative telecoms operator eTel by Austrian incumbent Telekom Austria (TA), subject to remedies entered into by TA. TA is the Austrian telecoms incumbent and is the strongest player on the various Austrian markets for (...)

The Maltese Office for Fair Competition clears a merger in the market for the provision of digital terrestrial television transmission services subject to the surrender of a license (Maltacom/Multiplus)
Camilleri Preziosi
The operation By means of a decision of the 26th January 2007, the Director of the OC cleared a concentration, subject to the surrender by the notifying party, of a DTTV licence. The concentration consisted of an acquisition of sole control over Multiplus Limited (a company providing DTTV (...)

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

The Portuguese Competition Authority clears a merger in the market for telecommunication and media subject to remedies related to fixed and mobile networks activities and to media and contents activities (Sonaecom/PT merger)
PLMJ (Lisboa)
The operation The operation consisted in a merger resulting from a takeover bid launched by SONAECOM, SGPS, S.A. (Sonaecom) over PORTUGAL TELECOM, SGPS, S.A. (PT). Sonaecom is a sub-holding of the SONAE group and operating in the telecommunication, Internet and media areas, especially in the (...)

The European Commission clears a merger in the telecommunications network equipment sector (Nokia/Siemens)
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European Commission - DG COMP
"Mergers — Main developments between 1 September and 31 December 2006"* On 13 November, after an intensive Phase I investigation, the Commission gave its unconditional go-ahead to the proposed merger between the Finnish company Nokia and the network equipment business of the German company (...)

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

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

The European Commission conditionally clears a merger in the mobile telephony market (T-Mobile Austria/Tele.ring)
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European Commission - DG COMP
"Mergers — Main developments between 1 January and 30 April 2006"* On 26 April the Commission cleared the proposed acquisition of the Austrian mobile phone operator tele.ring by T-Mobile Austria, subject to conditions and obligations. The Commission had found that the proposed acquisition of (...)

The European Commission authorizes subject to remedies a merger between two Austrian mobile networks providers applying the new test introduced by the EC Merger Regulation to an undertaking which would not become the market leader after the transaction (T-Mobile Austria/tele.ring)
European Commission - DG COMP
"T-Mobile Austria/tele.ring: Remedying the loss of a maverick"* On 26 April 2006, the Commission authorised the acquisition of sole control by T-Mobile, a subsidiary of Deutsche Telekom, of the Austrian mobile phone operator tele.ring, leading to a combination of two Austrian mobile network (...)

The Italian Competition Authority clears a merger in the media and telecommunications sectors subject to behavioural remedies, including granting of non discriminatory access to the broadcasting network (Reti Televisive Italiane/Ramo Di Azienda di Europa TV)
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Chiomenti (Rome)
The operation On 10 April 2006 the Competition Authority cleared with conditions the acquisition of some assets of the broadcasting network Europa TV S.p.A. (Europa TV), owned by Holland Coordinator & Service Company Italia S.p.A. (71%) and TF1 SA (29%), by R.T.I. Reti Televisive Italiane (...)

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

The Dutch Competition Authority clears a merger in the transmission of radio- television- and datasignals sector subject to divestment (KPN - Nozema Services)
Netherlands Authority for Consumers & Markets (The Hague)
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Eversheds Sutherland (Amsterdam)
The operation KPN offers telecommunication services and is active on the market of the sale of digital television to end consumers. Nozema is active on the market of the transmission of radio- television- and datasignals and related services. KPN proposed to acquire 100% of the shares in (...)

The European Commission conditionally approves a merger in the telecommunications sector (O2/Telefonica)
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European Commission - DG COMP
"Mergers — Main developments between 1 January and 30 April 2006"* On 10 January the Commission cleared the proposed acquisition of UK telecommunications company O2 by the Spanish telecommunications company Telefonica. Telefonica and O2 are both telecommunication network operators. While (...)

The Austrian Federal Competition Authority clears the partial acquisition of a broadcasting transmission company by a media company, subject to behavioural commitments not to act as a broadcaster and to operate the Electronic Programme Guide on a non-discriminatory basis (Medicur/ORS)
Université de Genève
The operation ORS is a terrestrial broadcasting transmission company and was at the time of the merger the only aspirant to the only Austrian multiplex license for digital broadcasting. Medicur is active in various media markets including daily newspapers, magazines, and outdoor advertising. (...)

The Irish Competition Authority clears a merger in the telecommunications sector subject to remedies, including adoption of an accounting strategy aimed at preventing risks of cross subsidisation (Eircom/Meteor)
London School of Economics
The mobile telecommunications market in Ireland has been consistently dominated by two key players, Eircom and Vodafone with Meteor, a third operator, featuring in a distant third position. However, despite Eircom’s overall superior position on the mobile telecommunications market, it lags (...)

The Lithuanian Competition Council clears a concentration in the wholesale and retail markets for broadband services with structural and behavioural remedies (Elion/MicroLink)
Vodafone (Istanbul)
The operation By a decision dated 27 October 2005, the Lithuanian Competition Council authorized in phase II the acquisition by Elion Ettevotted AS (« Elion ») of 100 % shares of MicroLink AS (« MicroLink ») The market(s) The relevant markets have been defined by the Council as the wholesale and (...)

The Finnish Competition Authority clears a merger in the telecommunication services market with remedies including divestment, commitments to grant access to infrastructure and hold separate commitments (Elisa/Saunalahti)
Grant Thornton (Helsinki)
The operation On 25 October 2005 the Finnish Competition Authority (Kilpailuvirasto) cleared, in a Phase II decision, a merger in the Finnish telecommunications market, in which Elisa Oyj acquired a controlling stake in Saunalahti Group Oyj. The market(s) The relevant markets in which (...)

The Estonian Competition Authority clears a merger in phase II in the markets of wholesale broadband access and retail broadband access with divestiture remedies (Elion/MicroLink)
General Electric (Brussels)
The operation By a decision dated 21 October 2005, the ECA authorised in phase II the acquisition by Estonian company Elion (an indirect subsidiary of Swedish-Finnish telecommunications company TeliaSonera) of Estonian ICT company MicroLink (para. 1). The market(s) The relevant markets were (...)

The Latvian Competition Council clears a merger in the markets for data transmission services and Internet access services subject to divestiture remedies (Lattelecom/Microlink Latvia)
Raidla Lejins & Norcous (Riga)
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Cobalt Legal (Riga)
The operation On 30 May 2005 the Latvian Competition Council received from Lattelecom SIA a merger notification. In the merger notification Lattelecom SIA informed the Competition Council that on 16 May 2005 a Future Purchase Agreement was signed between Estonian company Elion Ettevotted AS, (...)

The Latvian Competition Council clears a merger in the market of provision of cable TV services subject to remedies, including not to apply its selective pricing system in certain conditions (Baltkom)
Raidla Lejins & Norcous (Riga)
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Cobalt Legal (Riga)
The operation On 23 May 2005 the Latvian Competition Council received a merger notification from Baltkom TV SIA (Baltkom), where Baltkom informs the Competition Council of its intention to acquire certain assets - the electronic communications network (cable TV network) in Riga city (...)

The Austrian Cartel Court clears an acquisition in the market for emergency call and communication systems, conditional on a management buy-out remedy as well as various other commitments attached to the buy-out (Bridgepoint/Tunstall)
Université de Genève
The operation On 16 September 2005, the Austrian Cartel Court (OLG), following a referral from the Austrian Federal Competition Authority (BWB), cleared the acquisition of Tunstall Holding Limited (UK) by Bridgepoint Capital Group Limited (UK). Bridgepoint is the owner of Attendo AB, (...)

The Turkish Competition Authority clears a merger in the GSM market subject to remedies, including limitation of the duration of the non-compete and confidentiality clauses (Alfa Telecom Turkey - Cukurova)
Esin
The operation Prior to the transaction, Cukurova Telecom Holding Ltd. (“Cukurova Telecom”), the joint venture company, was under the sole control of Cukurova Holding. Upon completion of the transaction, Cukurova Telecom has become a joint venture whose parent companies are being Alfa and (...)

The EU Commission conditionally clears the creation of two joint ventures resulting from French electronics company merging its space activities with Italian Defence and engineering company (Alcatel / Finmeccanica)
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European Commission - DG COMP
"Mergers — Main developments between 1 January to 30 April 2005"* The European Commission cleared the creation of two joint ventures resulting from the French electronics company Alcatel merging its space activities with those of Alenia Spazio and Telespazio, part of the Italian Defence and (...)

The Norwegian Competition Authority accepts a merger in the broadband telecommunications sector, subject to the divestment of a business unit (Telenor / Tiscali)
Ernst & Young
The operation Telenor Telecom Solutions AS (Telenor) acquired the entire share capital of in Tiscali AS on 23 August 2004. Telenor Telecom Solutions AS and Tiscali AS provide broadband services in Norway. The market(s) concerned by remedy(ies) The relevant markets defined by the Norwegian (...)

The European Commission refers to the German competition authority the examination of a concentration in the cable networks industry (Ish/Iesy)
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European Commission - DG COMP
"Mergers — Main developments between 1 January to 30 April 2005"* In February, the European Commission referred, pursuant to Article 9.2 of the Merger Regulation, the examination of the proposed acquisition of the North Rhine-Westphalian network cable operator ‘Ish’ by the Hessian cable operator (...)

The Brazilian Antitrust Authority annnounces a new interpretation of the Brazilian merger notification threshold reducing foreign merger filings (ADC Telecommunications / Krone International)
Hughes Hubbard & Reed (Washington)
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Stanford University
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Brazilian merger notification requirements, traditionally a major hurdle for multinational mergers, have just become less burdensome. In an unexpected development last Wednesday, the Brazilian antitrust authority (“CADE”) announced a new interpretation of the Brazilian merger notification (...)

The Bulgarian Commission for the Protection of Competition clears a merger in the payphones market subject to divestiture commitments (Bulgarian Telecommunications Company/Radio Telecommunications Company/Bulfon)
Boyanov & Co.
The operation The notified operation consists of the acquisition of a 49% controlling stake by Bulgarian Telecommunications Company AD, in Radio Telecommunications Company OOD, with an option to acquire additional 12% from another shareholder, as well as the acquisition of 66% of the capital (...)

The European Commission refers the examination to the German competition authority of a proposed acquisition in the cable networks industry (Kabel Deutschland/Ish)
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European Commission - DG COMP
"Merger control: Main developments between 1 May and 31 August 2004"* In June the Commission decided to refer the examination of the intended acquisition of ish GmbH & Co. KG and ish KS NRW GmbH & Co. KG (both together: ‘ish‘), by Kabel Deutschland GmbH (KDG), the operator of the North (...)

The Bulgarian competition authority clears the acquisition of the incumbent fixed telecom operator subject to remedies, including ensuring interconnection with other operators and unbundled access to the local loop (Viva Ventures/Bulgarian Telecommunications Company)
Boyanov & Co.
The operation The notified operation consists of the acquisition of a 65% controlling stake by Viva Ventures Holdings GmbH, a special purpose company established by Advent International, in the incumbent telecoms monopoly in Bulgaria - the Bulgarian Telecommunications Company. Advent (...)

The Portuguese Competition Authority clears a merger in the audiovisual sector with remedies, including the promotion and availability of a TV channel signal (PPTV/PT Conteudos/Sport TV)
PLMJ (Lisboa)
The operation This operation consisted in the acquisition of joint control over SPORT TV Portugal, S.A. (SPORT TV) which operates the business activity of television and broadcasting, and the acquisition and resale of television broadcasting rights for different sporting events by PPTV - (...)

The Lithuanian Competition Council clears in phase II a merger in the markets of fixed and mobile communications with structural and behavioural remedies (TeliaSonera/Omnitel)
Vodafone (Istanbul)
The operation By a decision dated 11 December 2003, the Lithuanian Competition Council authorized in phase II the acquisition by TeliaSonera AB (« TeliaSonera ») of up to 90 % shares of UAB Omnitel (« Omnitel ») through Amber Mobile Teleholding AB (« Amber Mobile »). The market(s) The relevant (...)

The Czech Competition Office clears a merger in phase II in the sector of telecommunications subject to provide services under non discriminatory terms with regards to other services provider and final consumers (Telecom/Eurotel)
Clifford Chance
The operation On the basis of the share purchase agreement between ÈESKÝ TELECOM, a.s. ("TELECOM"), as a purchaser and ATLANTIC WEST B.V. ("AWBW"), as a seller, TELECOM acquired additional 49% of shares in Eurotel Praha a.s. ("EUROTEL") to the previously held 51 % of shares and became, thus, its (...)

The Italian Competition Authority conditionally clears a merger in the sector of telecommunications (Telecom Italia/Megabeam Italia)
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Chiomenti (Rome)
The operation On 7 August 2003 the Competition Authority approved the acquisition by Telecom Italia S.p.A. (Telecom) of Megabeam Italia S.p.A. (Megabeam), a provider of R-LAN (radio local area network) infrastructures and wi-fi (Wireless Fidelity) services, subject to conditions and (...)

The Finnish Competition Authority clears a merger in the telecommunication services market with remedies, including divestiture and hold separate agreements (Sonera/Telekolmio)
Grant Thornton (Helsinki)
The operation On 3 January 2003 the Finnish Competition Authority cleared, in a Phase II decision, a merger in which the Finnish telecommunications company Sonera Oyj acquired from Hämeen Puhelin Oy a 40% minority holding in Telekolmio Oy, a retailer of telecommunication services including (...)

The Netherlands Competition Authority approves an acquisition on the domestic market for cable connections (Carlyle en Providence / Casema)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Approves Acquisition of Casema by Carlyle and Providence* The Netherlands Competition Authority (NMa) approved on 23 December 2002 the acquisition of Casema Holding B.V. by The Carlyle Group LLC and two funds of the Providence Equity group. These investors do not have any cable or media (...)

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

The European Commission grants the referral requested by the Spanish Competition authorities with regard to the integration of the two satellite digital television platforms operating in Spain (Sogecable/Canalsatélite Digital/Vìa Digital)
European Commission - DG ECFIN
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European Commission - DG COMP
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European Commission - DG GROW
"Merger Control: Main developments between 1st May 2002 and 31th August 2002"* The Commission decided to grant the referral requested by the Spanish Competition Authorities with regard to the integration of the two satellite digital television platforms operating in Spain. The operation, which (...)

The Lithuanian Competition Council clears a merger in the fixed, mobile and other related telecommunications markets with a commitment to notify any further structural changes (Telia/Sonera)
Vodafone (Istanbul)
The operation By a decision dated 18 July 2002, the Lithuanian Competition Council authorized in phase II the merger of TELIA AB (« Telia ») and SONERA CORPORATION (« Sonera »). In Lithuania Telia and Sonera controlled indirectly (through Amber Teleholding AB and Amber Mobile Teleholding AB) AB (...)

The European Commission gives the go ahead to the proposed acquisition of Finnish-based telecommunications group by Sweden telecoms firm (Telia/Sonera)
European Commission - DG ECFIN
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European Commission - DG COMP
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European Commission - DG GROW
"Merger Control: Main developments between 1st May 2002 and 31th August 2002"* The European Commission gave the go ahead to the proposed acquisition of Finnish-based telecommunications group Sonera Corp. by Sweden’s Telia AB, another telecoms firm. The Commission feared that the deal—the first (...)

The French Minister clears a merger in the site location and maintenance for wireless communication operators market with remedies including non discriminatory treatment and a remedy offered by the seller (TDF/Bouygtel)
French Competition Authority (Paris)
The operation In this operation, France Telecom, through its subsidiary TDF, will acquire the terrestrial broadcasting sites owned by Bouygtel. The market(s) The markets involved are the site location and maintenance for wireless communication operators. Remedy 1: Non discriminatory (...)

The French Competition Council objects to the proposed acquisition of signal transmission towers (Bouygues Télécom / TDF)
RBB Economics (The Hague)
Introduction On 11 April 2002 the French Competition Council (Conseil de la concurrence, hereafter the CC) objected to the acquisition of telecommunication transmission towers and tower sites of Bouygues Télécom (Bouygtel) by Télédiffusion de France (TDF) because the concentration would (...)

The German Competition Authority prohibits planned acquisition of broadband cable networks (Deutsche Telekom / Liberty Media)
German Competition Authority (Bonn)
Bundeskartellamt prohibits planned Liberty Media/KDG merger* The Bundeskartellamt has prohibited Liberty Media’s planned acquisition of Deutsche Telekom AG’s (KDG) broadband cable networks. The merger would strengthen dominant positions in the supply market for broadcasting signals to final (...)

The German Competition Authority finds that planned acquisition was prone to strengthen dominant positions in the supply market for broadcasting signals to final customers (TeleColumbus / Liberty Media)
German Competition Authority (Bonn)
Bundeskartellamt issues warning regarding the planned Liberty Media/TeleColumbus GmbH merger* According to the preliminary assessment of the Bundeskartellamt, the planned acquisition by Liberty Media of subsidiaries of TeleColumbus GmbH would, so far as these are active in the territory of (...)