The EU Court of Justice upholds the €12.6 million fine imposed by the EU Commission for abuse of dominant position in the German telephony fixed market (Deutsche Telekom)

On October 14, the Court of Justice of the European Union (the Court) issued its judgment in Deutsche Telekom AG vs. Commission (Case C-280/08 P, hereinafter the “Judgment”) dismissing an appeal brought by Deutsche Telekom AG (Telekom) against a judgment of the Court of First Instance (now the General Court) of April 10, 2008, which had upheld the Commission’s decision imposing a fine of €12.6 million on Telekom for abusing its dominant position in the market for network access services in Germany, confirming that margin squeezes can be abusive practices, even in regulated markets. The Facts In its decision, the Commission found that Telekom, the incumbent telecommunications operator in Germany, had been abusing its dominant position in the markets for direct access to its fixed

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Authors

  • Dentons (Brussels)
  • Covington & Burling (Frankfurt)

Quotation

James S. Venit, Horst Henschen, The EU Court of Justice upholds the €12.6 million fine imposed by the EU Commission for abuse of dominant position in the German telephony fixed market (Deutsche Telekom), 14 October 2010, e-Competitions October 2010, Art. N° 45407

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