The Rotterdam District Court rules on an appeal against the Competition Authority’s merger clearance decision and finds that merger control rules do not aim to protect competitors on the market potentially affected by the establishment of a joint venture (T-Mobile)

Summary On 31 March 2022, the Rotterdam District Court ruled on an appeal lodged by T-Mobile Netherlands against a merger clearance decision by the Dutch Authority for Consumers and Markets (ACM) of 12 May 2021 that KPN and APG did not require a licence for the creation of a concentration (the establishment of a joint venture, JV). The JV (named “Glaspoort”) is created to roll out glass fibre in less densely populated areas in the Netherlands, complementary to the intended glass fibre network roll-out by KPN and funded by APG (largest Dutch pension fund). Following the notifying parties’ arguments, ACM had decided that KPN and APG exercise joint control over the Glaspoort JV which will be active as an independent economic operator in the Dutch market for wholesale