The Hamburg Regional Court rules on exclusive smartphone distribution agreements (Apple / T-Mobile)

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 corporation Apple Inc. for the launch of the iPhone, an internet-connected multimedia smartphone [1] . Facts The plaintiff, Vodafone, is the second largest mobile network operator in Germany (D2-mobile phone network) with a market share of approx. 35%. The defendant, T-Mobile, is the largest mobile network operator in Germany (D1-mobile phone network) with a market share of approx. 37%. They were both licensed by the relevant regulatory body on condition that they would not disproportionately impede the

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Petra Linsmeier, Moritz Lichtenegger, The Hamburg Regional Court rules on exclusive smartphone distribution agreements (Apple / T-Mobile), 4 December 2007, e-Competitions December 2007, Art. N° 21242

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