The Belgian Supreme Court adopts an in concreto approach to the definition of the relevant market product for the provision of directory services in the telecommunications sector (Kapitol / Telekom Austria)

Following a request by Kapitol, a Belgian provider of phone directories, based on Directive 98/10/EC of the European Parliament and of the Council, of 26 February 1998, on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment (OJ L 101, 1st april 1998, pp. 24-47) (“ONP Directive”), Telekom Austria, an Austrian telephone operator, sent a model licence agreement for access to its directory of subscribers. However, Kapitol argued that it could not accept the terms of the proposal because the price was excessive. Telekom Austria refused to change the terms of the proposed licence agreement, on the grounds that it had granted over 50 licence agreements on such terms and did not want to discriminate