The Dutch Trade and Industry Appeals Tribunal 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)

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 information at a meeting held in June 2001, regarding the lowering of the dealers' allowances in respect of post-paid subscriptions. According to the NMa, this information exchange constituted concerted practice which was restrictive of competition by object. On appeal, the NMa based its decision on both Article 6 of the Dutch Competition Act and Article 81 (1) EC and decided to reduce the fines imposed initially. The Rechtbank Rotterdam (Court of First Instance of Rotterdam), to which the case

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Authors

  • European Commission - DG HR (Brussels)
  • European Court of Justice (Luxembourg)

Quotation

Tristan Baumé, Sally Janssen, The Dutch Trade and Industry Appeals Tribunal 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), 31 December 2007, e-Competitions December 2007, Art. N° 15939

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