The Dutch Trade and Industry Appeals Tribunal upholds the Competition Authority’s approval for an acquisition in the telecommunications market (KPN / Vodaphone)

In Short The Ruling: The Dutch competition authority's approval of KPN's acquisition of fiber operator Reggefiber was upheld by the Dutch Trade and Industry Appeals Tribunal in February 2018. In assessing the merger's competitive effects, the Tribunal notably considered regulatory measures adopted pursuant to sector-specific telecommunications regulation. The Result: Telecommunications regulations are a relevant element in determining the market effects of a merger and may be a ground for clearance, even in the presence of a potential post-merger price increase or an incentive to exclude access. Looking Ahead: This judgment affirms the ability of the Dutch competition authority (Netherlands Authority for Consumers and Markets) to take into account sector-specific regulation in its