The Tokyo District Court denies a claim of abuse of dominance in the optical fiber data service market (SB/ NTT)

I. Introduction On 19 June 2014, the Tokyo District Court (“Court”) denied SB’s challenge that NTT (i) abused its superior bargaining position or (ii) engaged in unjust refusal, by bundling optical fibre data services and only allowing SB to lease fibre circuits in a bundle of eight [1]. The Court noted that NTT needs to obtain permission from the relevant authority in order for NTT to accept SB’s request for leases of fibre circuits one at a time (“Single Lease”). Lacking such permission, the Court decided that it cannot force NTT to offer single lease of fibre circuits as requested by SB. II.

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Authors

  • McDermott Will & Emery (Brussels)
  • Anderson Mori & Tomotsune (Tokyo)
  • Anderson Mori & Tomotsune (Tokyo)

Quotation

Wilko Van Weert, Shigeyoshi Ezaki, Naoko Takasaki, The Tokyo District Court denies a claim of abuse of dominance in the optical fiber data service market (SB/ NTT), 19 June 2014, e-Competitions Bulletin June 2014, Art. N° 73502

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