On 13 December 2017, the Court of Justice of the European Union (“ECJ”) dismissed the appeal lodged by telecommunication operator Telefónica against the General Court’s (“GC”) judgment largely upholding a 2013 Commission decision, which imposed a fine on Telefónica for agreeing not to compete with Portugal Telecom on the Iberian telecommunications market, in breach of Article 101 TFEU (see VBB on Competition Law, Volume 2016, No. 7). In its judgment, the ECJ dismissed Telefónica’s claim that, by reason of not hearing certain witnesses, Telefónica’s rights of defence had been breached. The ECJ also rejected allegations that the GC had distorted certain facts when it upheld the Commission’s finding that the non-compete clause restricted competition by object (see
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The EU Court of Justice dismisses the appeal against a judgment upholding the fine against two undertakings for a non-compete agreement in the telecom sector (Telefonica)
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