The Dutch Trade and Industry Appeals Tribunal quashes the Competition Authority’s finding of a joint dominance in the retail broadband market (KPN / VodafoneZiggo / T-Mobile / Tele2)

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Dutch Trade and Industry Appeals Tribunal, KPN / VodafoneZiggo / T-Mobile / Tele2, Case 18/2103, 17 March 2020 (Dutch)

On 17 March 2020, the Dutch Trade and Industry Appeals Tribunal (CBb) published its long-awaited verdict on the appeal against the Netherlands Authority for Consumers and Markets (ACM) 2018 finding of joint dominance in the Dutch retail broadband market. Why did the CBb rule in favour of the appellants, and what are the implications of this finding for the regulation of wholesale broadband access in the telecoms sector? In its 2018 review of the Dutch broadband market, the ACM found that VodafoneZiggo [1] and KPN [2] held a position of joint significant market power (SMP) in the retail broadband market, and required both firms to provide wholesale broadband to retail competitors. [3] This was the first time that the ACM had found joint SMP in the Dutch fixed broadband market—before

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Michael Weekes, Felipe Florez Duncan, Maurice De Valois Turk, The Dutch Trade and Industry Appeals Tribunal quashes the Competition Authority’s finding of a joint dominance in the retail broadband market (KPN / VodafoneZiggo / T-Mobile / Tele2), 17 March 2020, e-Competitions Burden of proof, Art. N° 100744

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