The EU Court of First Instance upholds Commission decision against the German incumbent telecommunications operator (Deutsche Telekom)

On 10 April 2008, the Court of First Instance (“CFI”) issued its judgment on Deutsche Telekom‘s appeal of the Commission Decision of 23 May 2003 (the “Decision”) which had fined it € 12.6 million for engaging in a margin squeeze. The CFI upheld the Decision in virtually all respects. In the underlying Decision, the Commission concluded that Deutsche Telekom had been abusing its dominant position on the markets for direct access to its fixed telephone network in the period 1998-2002 by engaging in a margin squeeze. In particular, the Commission found that Deutsche Telekom had charged prices for access to the fixed telephone network (“wholesale access”) that were higher than Deutsche Telekom‘s prices to consumers for retail access, which effectively forced competitors to charge their end-users

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Authors

  • Van Bael & Bellis (Brussels)
  • Practising Law Institute (New York)

Quotation

Tim Kasten, Sean Gerlich, The EU Court of First Instance upholds Commission decision against the German incumbent telecommunications operator (Deutsche Telekom), 10 April 2008, e-Competitions Bulletin April 2008, Art. N° 44866

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