The Spanish Supreme Court confirms the annulment of a €120 million fine imposed by the Competition Authority against three mobile operators for abuse of dominance in wholesale markets for termination of SMS and MMS (Telefónica / Vodafone / Orange)

González-Díaz, Francisco Enrique; Subiotto , Romano F.; Holles De Peyer, Ben; Martos Stevenson, Beatriz

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8 Jan 2019

The Spanish Supreme Court confirms the annulment of a €120 million fine imposed by the Competition Authority against three mobile operators for abuse of dominance in wholesale markets for termination of SMS and MMS (Telefónica / Vodafone / Orange)

KEYWORDS

References

Spanish Supreme Court, Vodafone, Case 1/2019 (appeal 5618/2017), ECLI:ES:2019:253, 8 January 2019 (Spanish)

Spanish Supreme Court, Orange, Case 1867/2018 (appeal 5720/2017), ECLI:ES:TS:2018:4566, 21 December 2018 (Spanish)

In three judgments delivered in December 2018 and January 2019, the Spanish Supreme Court confirmed the annulment of fines amounting to a total of €120 million imposed on the three main telecoms operators in Spain (i.e., Telefónica, Vodafone and Orange) for abuse of dominance in the wholesale markets for the termination of text messages (“SMS”) and multimedia messages (“MMS”) [1]. Background In December 2012,

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Authors

Francisco Enrique González-Díaz
Cleary Gottlieb Steen & Hamilton (Brussels)

Belgium 10 contributions 8073 visits
Romano F. Subiotto
Cleary Gottlieb Steen & Hamilton (Brussels)

Belgium 11 contributions 2063 visits
Ben Holles De Peyer
European Court of Justice (Luxembourg)

Luxembourg 2 contributions 4317 visits
Beatriz Martos Stevenson
Cleary Gottlieb Steen & Hamilton (Brussels)

Belgium 2 contributions 2488 visits

Quotation

Francisco Enrique González-Díaz, Romano F. Subiotto, Ben Holles De Peyer, Beatriz Martos Stevenson, The Spanish Supreme Court confirms the annulment of a €120 million fine imposed by the Competition Authority against three mobile operators for abuse of dominance in wholesale markets for termination of SMS and MMS (Telefónica / Vodafone / Orange), 8 January 2019, e-Competitions Burden of proof, Art. N° 100132

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