Telecom & Concerted practices

Anticompetitive practices

The Italian Competition Authority sanctions telecommunication operators for their participation in a cartel (Assotelecomunicazioni / Fastweb / Telecom Italia / Vodafone...)
Bird & Bird (Rome)
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Bird & Bird (Rome)
On 7 February 2018, the Italian Competition Authority (“ICA”) initiated an investigation against the major fixed and mobile operators (TIM S.p.A, Vodafone Italia S.p.A, Fastweb S.p.A and Wind Tre S.p.A). The investigation was aimed at verifying whether the companies had coordinated their (...)

The Italian Supreme Administrative Court accepts appeals against the Authority’s ruling which found that telecommunications companies restricted competition and prevented the development of disaggregated forms of supply of ancillary technical services (Telecom Italia)
Bird & Bird (Rome)
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Bird & Bird (Rome)
On 23 December, the Italian Supreme Administrative Court ("Consiglio di Stato") accepted the appeals lodged by several companies active in the supply of technical ancillary services and the incumbent network owner, Telecom Italia S.p.A., against the rulings of the Regional Administrative Court (...)

The EU Commission sends a statement of objection to operators of mobile telephony regarding their network sharing agreement in the Czech market (O2 / CETIN / T-Mobile)
DG COMP (Brussels)
Antitrust: Commission sends Statement of Objections to O2 CZ, CETIN and T-Mobile CZ for their network sharing agreement* The European Commission has informed Czech operators of mobile telephony O2 CZ and T-Mobile CZ, as well as the Czech telecom infrastructure provider CETIN of its preliminary (...)

The Indian Competition Authority finds the distribution arrangments of a supplier of mobile handsets to be prima facie compliant with national law (Vivo)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
The CCI closed at prima facie stage a case against Vivo Mobile (Vivo), a supplier of mobile handsets, finding that its distribution arrangements raised no concerns under Section 3(4) of the Competition Act which prohibits vertical agreements with an appreciable adverse effect on competition (...)

The Hague Court of Appeal delivers its judgment on an alleged infringement of patent essential to the universal mobile telecommunications system standard (Asus / Philips)
Van Bael & Bellis (Brussels)
On 7 May 2019, the Court of Appeal of the Hague delivered its judgment in a case pitting Philips against ASUS regarding the alleged infringement of Philips’ European patent EP 1 623 511, which was considered essential to the High Speed Uplink Packet Access (“HSUPA”) protocol of the Universal (...)

The German Competition Authority publishes a paper summarizing its sector inquiry into online price comparison websites
Court of First Instance of Namur (Namur)
On 4 February 2019, the German Federal Cartel Office (“FCO”) published a fifth paper in its series “Competition and Consumer Protection in the Digital Economy”. The paper summarizes the sector inquiry into online comparison websites in the travel, energy, insurance, telecommunications and financial (...)

The Romanian Competition Authority fines a phone company for abuse of dominance (Orange Romania)
Romanian Competition Council (Bucharest)
The Competition Council sanctioned Orange Romania with fines of €14 million* The Competition Council sanctioned Orange Romania with fines of 64.915.183 Lei (approximately €14 MILLION) for abuse of a dominant position. The Competition Authority found that, in 2011-2015, the telephone operator (...)

The Portuguese Competition Authority confirms unannounced inspections in five locations of four telecommunications operators
Portuguese Competition Authority (Lisbon)
AdC confirms dawn raids in four telecommunications operators* The Portuguese Competition Authority (AdC - Autoridade da Concorrência) confirms that it carried out dawn raids have been carried out in five locations of four telecommunication companies, following suspicions of antitrust practices (...)

The US District Court for the Eastern District of Texas declares that a licensing offer based on end-device is compliant with FRAND commitments (HTC / Ericsson)
Crowell & Moring (Washington)
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McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
Standard-essential patent holders and implementers may face uncertainty regarding licensing practices following a May 23 Texas court ruling. In the ruling, a Texas federal judge reached a conclusion different from a recent California court decision — FTC v. Qualcomm — on the question of whether (...)

The Turkish Competition Authority publishes a decision regarding an agreement granting access to infrastructure and support services between two telecom companies (Vodafone / Superonline)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Competition Board recently published its reasoned decision on the application filed by Vodafone Net İletişim Hizmetleri AŞ regarding an agreement signed with Superonline İletişim Hizmetleri AŞ. The agreement concerns Vodafone and Superonline granting each other access to their respective (...)

The Italian Competition Authority clears a horizontal cooperation agreement in the telecommunication sector by a commitment decision (Flash Fiber)
Giannino SI (Monserrato)
In the Flash Fiber case the Italian Competition Authority (ICA) has closed by a commitment decision an Article 101 TFEU investigation into a horizontal cooperation agreement concerning the telecommunication sector. After the implementation of the commitments agreed with the parties, the ICA (...)

The EU Court of Justice dismisses an appeal against a General Court judgment upholding the EU Commission’s prohibition of a non-compete covenant in a share purchase agreement (Telefonica)
Skadden, Arps, Slate, Meagher & Flom (London)
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Baker McKenzie (Brussels)
The European Court of Justice (ECJ) recently dismissed an appeal against a General Court judgment which largely upheld the European Commission’s prohibition decision taken against Telefónica and Portugal Telecom for a non-compete covenant in a share purchase agreement. The share purchase (...)

The EU Court of Justice dismisses the appeal against a judgment upholding the fine against two undertakings for a non-compete agreement in the telecom sector (Telefonica)
Van Bael & Bellis (Brussels)
On 13 December 2017, the Court of Justice of the European Union (“ECJ”) dismissed the appeal lodged by telecommunication operator Telefónica against the General Court’s (“GC”) judgment largely upholding a 2013 Commission decision, which imposed a fine on Telefónica for agreeing not to compete with (...)

The EU Commission issues a final report on its e-commerce sector inquiry and updates its digital single market plans
Norton Rose Fulbright (Brussels)
EU issues final report on its e-commerce sector inquiry and updates its digital single market plan* On May 10, 2017, the European Commission published the final report on its sector inquiry on competition in the e-commerce sector (the E-Commerce Report) and a mid-term review of its digital (...)

The Milan Court of Appeal welcomes the counterfactual scenario in a follow-on action for damages (Brennercom / Telecom Italia)
NCTM - Studio Legale Associato (Milan)
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Luiss Guido Carli University (Rome)
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Luiss Guido Carli University (Rome)
One of the main issues involving the implementation of the Damages Directive concerns the quantification of damages claimed by the victims of anticompetitive conducts before national judges in follow-on actions. Indeed, the directive grants the right to full compensation to the victims of (...)

The EU Commission opens a formal investigation concerning a network sharing agreement between two mobile phone companies (O2 / CETIN / T-Mobile)
DG COMP (Brussels)
Antitrust: Commission opens formal investigation into mobile telephone network sharing in Czech Republic* The European Commission has opened an investigation into a network sharing agreement between two Czech operators of mobile telephony, O2 CZ / CETIN and T-Mobile CZ. The Commission will (...)

The EU General Court endorses a strict approach to ancillary restraints (Portugal Telecom / Telefónica)
Van Bael & Bellis (Brussels)
Portugal Telecom and Telefonica cases – Non-compete clauses: General Court endorses strict approach to ancillary restraints Non-compete clauses are standard practice in the context of the acquisition of a business to protect a purchaser’s investment. They guarantee the transfer to the purchaser (...)

The EU Commission sends objections to several companies suspected of participating in an electrolytic capacitors cartel
DG COMP (Brussels)
Antitrust: Commission sends statement of objections to suspected participants in electrolytic capacitors cartel* The European Commission has informed ten manufacturers of electrolytic capacitors that it suspects them of having participated in a cartel, in breach of EU antitrust rules. (...)

The Polish Competition Authority annuls a decision sanctioning an alleged cartel of major mobile telecom operators for cooperating in connection with tender proceedings (Mobile TV / ITF)
Dentons (Warsaw)
On 23 September 2015, the Polish Court of Competition and Consumer Protection (“SOKiK”) issued a judgment in case no. XVII AMA 112/12 in which it annulled the Chairperson of the Office for Competition and Consumer Protection’s (“UOKiK”) decision of 23 November 2011 in case no. DOK-8/2011. The case (...)

The Polish Competition Authority appeals in a case regarding an agreement between mobile phone providers (Polkomtel)
Polish Competition Authority (Warsaw)
Poland’s competition Authority appealed in case regarding agreement between mobile phone providers* Poland’s Office of Competition and Consumer Protection (UOKiK) appealed a first instance court ruling which overturned UOKiK’s decision regarding an agreement between the four largest mobile (...)

The Spanish Competition Authority fines undertakings for an agreement and concerted practices during the purchase of soccer broadcasting rights (Telefónica / DTS)
Linklaters (Brussels)
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Liège University (Liège)
I. The Parties. Defendants: DTS Distribuidora de Televisión Digital, S.A. (DTS) is a company specialising in the management of the platform of satellite pay-TV Canal+. Grupo Telefónica is a group of companies specialising in telecommunications formed by the parent company Telefónica, S.A. and (...)

The Polish Competition Court overturns a decision concerning a cartel of mobile phone network operators (Polkomtel / T-Mobile / Orange / P4)
Hansberry Tomkiel (Warsaw)
In its judgement of 19th June 2015, the Polish Competition and Consumer Protection Court fully overturned the decision of the Polish Competition and Consumer Protection Office (the “Office”), issued in November 2011, imposing PLN 113 million in fines on members of a mobile phone network (...)

The Yunnan Development and Reform Commission investigates abuse of administrative power and cartel conduct (Yunnan Provincial Communications Authority)
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
Yunnan DRC investigates abuse of administrative power and cartel in the telecommunications industry in Yunnan* On 2 June 2015, the NDRC announced that its local office in Yunnan Province, the Yunnan Development and Reform Commission (Yunnan DRC), found that the Yunnan Province Communications (...)

The Cypriot Competition Authority fines two undertakings for an anticompetitive agreement in the telecommunication sector (CYTA / Forthnet)
Elias Neocleous (Cyprus)
Facts of the case The present case concerns an ex officio investigation regarding an agreement between CYTA and Forthnet aimed at (a) the indirect price fixing and exchange of sensitive information relating to their future commercial policy, (b) the effect of limiting production or markets or (...)

The US Court of Appeals for the Seventh Circuit affirms the district court’s grant of summary judgment in price-fixing litigation (Text Messaging)
McDermott Will & Emery (Paris)
On Thursday, April 9, 2015, the Seventh Circuit affirmed the district court’s grant of summary judgment for AT&T Mobility LLC, Verizon Wireless LLC, T-Mobile USA Inc. and Sprint Corp., in a text messaging price-fixing litigation. In re Text Messaging Antitrust Litigation, case number (...)

The US Court of Appeals for the Seventh Circuit rejects a claim of collusion in the text messaging sector and reminds the limits of "hot" documents (Text messaging)
BakerHostetler (Washington)
Collusion Course: The Limits of Hot Documents* Discovery in antitrust cases often involves a search for smoking-gun documents. Those documents can consist of emails proving that competitors conspired to raise prices, removing the difficulties faced by prosecutors or civil plaintiffs in proving (...)

The Romanian Competition Authority imposes fines on several undertakings for failure to comply with their antitrust remedies in the mobile phone market (Avenir Telecom / Euronet Services / Professional Football League)
Romanian Competition Council (Bucharest)
For the first time: The Competition Council applies sanctions for failure to comply with the commitments* The Competition Council has sanctioned Avenir Telecom and Euronet Services companies and the Professional Football League (LPF) with fines totalling 705,079 lei (approx. 156,340 euros) for (...)

The Indian Competition Authority exonerates major telephone manufacturer from charges of anticompetitive practices due to lack of evidence (Samsung India)
Vaish Associates Advocates (New Delhi)
CCI exonerates Samsung from alleged anti-competitive practices* Competition Commission of India (“CCI”) by way its order dated December 5, 2014 has exonerated Samsung India from the charges of unfair business practices with respect to sale and supply of spare parts and equipments of Samsung’s (...)

The US Court of Appeals for the Federal Circuit decides on the reasonableness of licensing royalty for standard-essential patents (Ericsson / D-Link)
Constantine Cannon (Washington)
Reasonableness Of Licensing Royalties Is On Trial As Courts And Standard-Setting Organizations Wrestle With Standard-Essential Patents* The ongoing battle over what constitutes a “reasonable” licensing royalty for standard-essential patents has now been joined by the U.S. Court of Appeals for (...)

The German Competition Authority authorizes cooperation agreements between two telecommunication companies for developing fast broadband connections (Telekom Deutschland / Telefónica O2 Germany)
German Competition Authority (Bonn)
No objections to cooperation between Telekom and Telefónica for the supply of fast broadband services* The Bundeskartellamt has no objections to the cooperation between Telekom Deutschland GmbH, Bonn, and Telefónica O2 Germany GmbH & Co. OHG, Munich for the provision of fast broadband (...)

The French Competition Authority rejects the request for interim measures taking the form of a suspension of a network sharing agreement between two mobile phone companies (Orange / Bouygues Telecom / SFR)
French Competition Authority (Paris)
* Press release originally published on the official website of the French Competition Authority. The title above has been amended in order to match the e-Competition format. The Autorité de la concurrence refuses to suspend the network sharing agreement signed between Bouygues Telecom and SFR* (...)

The EU Court of Justice upholds the expansive geographic reach of a Commission dawn raid decision in a cartel investigation (Nexans)
Jones Day (Brussels)
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Jones Day (Brussels)
The European Court of Justice (ECJ) has upheld the expansive geographic reach of a European Commission dawn raid decision in the electric cables cartel investigations. Nexans, one of ten companies being investigated, had argued that the geographic scope was overbroad and provided an (...)

The US District Court for the Southern District of New York denies motion to dismiss the complaint finding insufficient arguments to warrant a dismissal of the claims on per se tying and block-booking on the market for cable television (Cablevision / Viacom International)
Womble Bond Dickinson (Charlotte)
Suit Challenging Cable Bundling Survives Motion to Dismiss* Cable subscribers, tired of being forced to purchase more obscure channels like VH1 Classic and Teen Nick in order to get their nightly Daily Show fix on Comedy Central, should be encouraged by a recent antitrust decision out of the (...)

The Polish Competition Authority reduces severe penalty imposed by its President for obstructing inspections during a dawn raid (Polkomtel)
Affre i Wspólnicy (Warsaw)
On 18 June 2014, the Polish Court for the Competition and Consumer Protection (“SOKiK”) changed the decision issued by the President of the Office of Competition and Consumer Protection (“NCA”) in which Polish mobile telecom operator (Polkomtel) was fined for non-cooperation in the course of a dawn (...)

The Russian Competition Authority applies for the first time the exterritoriality provision of the national competition law (Uzmobile / Rubicon Wireless Communication)
Russian Federal Antimonopoly Service (Moscow)
For the first time FAS applied the exterritoriality provision of the Federal Law “On Protection of Competition”* On 26th February 2014, the Commission of the Federal Antimonopoly Service (FAS Russia) found two cellular operators: a specialized branch of “Uzbektelecom” OJSC – “Uzmobile” and a joint (...)

The UK Court of Appeal overturns Competition Appeal Tribunal’s judgement and completes its analysis in a case regarding sport broadcasting (BT / BskyB)
Manchester University (Manchester)
Summary of the case In BT v BSkyB, the Court of Appeal (CoA) found that the Competition Appeal Tribunal (CAT) had erred in law by not including the cable rate-card price issue into its analysis. The CoA allowed the appeal by BT and Ofcom. It was necessary to deal more fully the cable (...)

The EU Commission initiates a formal investigation into potentially anti-competitive restrictions in pay-TV licensing arrangements
Blackstone Chambers (London)
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Murphy, round 2: does exclusive territorial licensing of pay-TV breach EU competition law?* According to a report in the Financial Times on 24 November 2013, the (...)

The Italian Competition Authority opens an investigation for collusive tendering against 23 Italian companies providing TV broadcasting post-production services (RAI)
Chiomenti (Milano)
On 10 December 2013, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, the “Authority”) opened an investigation against 23 Italian companies for an alleged collusive tendering within 20 calls for tenders convened by RAI – Radiotelevisione Italiana S.p.A. (the (...)

The Australian Competition Authority accepts the amended undertaking lodged by the national broadband network owner (NBN)
Australian Competition and Consumer Commission (Canberra)
ACCC accepts NBN Co Special Access Undertaking* The Australian Competition and Consumer Commission has accepted the varied Special Access Undertaking (SAU) lodged by NBN Co on 19 November 2013. The varied SAU incorporates all of the changes in the ACCC’s notice to vary and replaces the (...)

The New Zealand Competition Authority issues a warning against previously used contractual clauses in relation to telecommunications retail service providers (Sky)
New Zealand Commerce Commission (Wellington)
Press releases published on New Zealand Commerce Commission Commerce Commission issues warning to Sky* The Commerce Commission has issued Sky Network Television Ltd (Sky) with a warning that it believes certain provisions in Sky’s contracts with telecommunications retail service providers (...)

The Serbian Competition Authority exempts an agreement between the national telecommunication company and the distributor of prepaid mobile services containing resale price maintenance clauses (Telecom Serbia / DTM Investments)
Serbian european integration office
The Serbian Antitrust Authority (AA) passed the decision on 13 September 2013 (DTM decision) to individually exempt an agreement on general distribution of prepaid mobile communication services concluded between the “Telecom Serbia” (TS) and the “DTM Investments” (DTM) from prohibition of (...)

The US Court of Appeals for the D.C. Circuit Court questions the FCC on ’Net Neutrality’ suggesting antitrust framework (Verizon)
International Center for Law & Economics (Portland)
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International Center for Law & Economics (Portland)
One of the most-anticipated cases of the year heard oral argument on September 9. Verizon appealed the FCC’s Open Internet Order (the agency’s Net Neutrality rules) to the D.C. Circuit. The case raises a number of interesting questions about competition policy, specifically, the interplay (...)

The UK Competition Authority issues a short form opinion clarifying the application of competition law to recommendations by two rural associations to their members concerning the prices to be charged for access to land (Broadband Wayleave Rates)
Herbert Smith Freehills (London)
Introduction The Office of Fair Trading (’OFT’) in a Short Form Opinion dated 23 August 2012 has indicated that a proposed price recommendation to be made by two rural associations, the National Farmers’ Union (NFU) and the Country Land and Business Association (CLA) (collectively the Parties) (...)

The Cypriot Competition Authority rejects a complaint ascertaining the existence of an abuse of dominance on the market of measurement services for electromagnetic fields in mobile base stations (Sigint Solutions / University of Cyprus)
Elias Neocleous (Cyprus)
The case concerned the participation of the University of Cyprus in the tender of the Cyprus Telecommunications Authority (CYTA) in relation to the provision of measurement services for electromagnetic fields in mobile base stations for 2012. There are two mobile companies in Cyprus which own (...)

The EU Commission fines Spanish and Portuguese incumbent telecommunications operators for non-compete agreement (Telefónica / Portugal Telecom)
European Commission (Brussels)
European Commission: Spanish and Portuguese incumbent Telecommunications Operators fined for non-compete Agreement* On 23 January 2013, the European Commission (the Commission) adopted a decision imposing fines of € 66 894 000 on Telefónica and of € 12 290 000 on Portugal Telecom for agreeing (...)

The EU Commission fines telecom provider €79 million for illegal non-compete clause (Telefónica / Portugal Telecom)
Van Bael & Bellis (Brussels)
On 23 January 2013, the European Commission imposed fines of € 66,894,000 on Spanish telecommunications provider Telefónica and € 12,290,000 on Portuguese telecommunications provider Portugal Telecom on account of an agreement between them not to compete with one another in the Iberian (...)

The EU Commission fines two companies €79 M for agreeing not to compete with each other in their respective home telecommunications markets (Telefónica and Portugal Telecom)
Liège University (Liège)
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Ramón y Cajal (Madrid)
The Commission fines Telefónica and Portugal Telecom €79 million for agreeing not to compete with each other in their respective home telecommunications markets. I. The Parties Telefónica is the historical operator on the Spanish market. It has a limited presence on the Portugese market. It (...)

The Croatian High Administrative Court upholds the decision of the Croatian Competition Authority concerning a rebate scheme applied by a mobile phone operator and its distributors (VIPnet)
University of Macau - Faculty of Law (Macau)
On 24 December 2012 the Croatian High Administrative Court (VUS) upheld the infringement decision issued by the Croatian Competition Authority (AZTN) against a mobile telecom operator VIPnet concerning the anti-competitive agreements in the form of the maximum rebates allowed to the (...)

The Danish Competition Authority publishes a report on mobile phone subscribers and insurance customers’ switching of service providers
European Commission (Brussels)
Denmark: Non-transparent Markets make Switch of Service Providers difficult* On 22 November 2012, the Danish Competition and Consumer Authority (DCCA) published a report on mobile phone subscribers and insurance customers’ switching of service providers. The main conclusions are: • Every (...)

The Chinese SMAR investigates one-sided unfair clauses in 12 industries
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies (Beijing)
The Jiangsu Administration for Industry and Commerce (Jiangsu AIC) investigated one-sided unfair clauses in 12 industries. The 12 industries were water supply; electricity supply; gas supply; telecommunication services; cable television; real estate transactions; interior decoration and (...)

The US District Court for the Eastern District of Pennsylvania finds anti-competitive conduct of major players in the international telecommunications market within the context of a standard-setting organization (TruePosition / Ericsson)
Davis Wright Tremaine (Washington DC)
Antitrust & Associations: “Standard Setting Can Be Risky Business”* Virtually every industry, from telecommunications to agriculture, has benefited from standard-setting organizations (SSOs), whose collaborative work can advance technology, promote health and safety, and enhance quality and (...)

The French Competition Authority confirms that data network operators who conclude an agreement to organize peering can charge fees for the opening of additional data transit technical capability (France Télécom)
University of California (Berkeley)
When Internet Traffic and Peering Agreement meet French Competition Law* On September 20, 2012, the French Competition Authority (Autorité de la concurrence) released an interesting decision that is believed to be the first on this topic by a competition authority. It confirms that data network (...)

The Italian Competition Authority opens investigations against 3 telecom operators for an alleged cartel aimed at impeding a competitor from getting access to the market for mobile services (Telecom Italia / Vodafone / Wind)
DG COMP (Brussels)
The Italian Competition Authority (AGCM) has opened investigations against Telecom Italia Spa, Vodafone and Wind for an alleged cartel aimed at forcing dealers not to give access to the downstream market to BIP mobile, the brand new mobile virtual network operator (MVNO) mainly acting as an (...)

The Italian Competition Authority initiates investigation against three telecom operators for alleged restrictive agreement (Telecom / Vodafone / Wind)
European Commission (Brussels)
Italy: The Italian Competition Authority opens Proceedings against Telecom, Vodafone and Wind for alleged restrictive Agreement* On 12 September 2012, the Italian Competition Authority (ICA), launched an investigation to determine whether Telecom Italia SpA (Telecom), Vodafone Omnitel NV (...)

The Bosnian and Herzegovinian Competition Authority prosecutes local administration for restricting competition on the cable TV market (CATV SAT / Municipality of Bosanski Brod)
University of Macau - Faculty of Law (Macau)
On 7 August 2012 the Competition Authority of Bosnia & Herzegovina (KV) prosecuted a local administration and a provider of cable TV services for the implementation of an anti-competitive agreement that inhibited the local administration from granting construction permits to the potential (...)

The Croatian Competition Authority finds no concerted practice between the three telecom companies providing mobile telephony service in Croatia (Hrvatski Telekom-HT / VIPnet / Tele2)
University of Zagreb - Faculty of Economics and Business
The Croatian Competition Agency adopted on 26 July 2012 a decision finding no concerted practice between the three telecom companies providing mobile telephony service in Croatia (Hrvatski Telekom-HT, VIPnet, and Tele2). The proceedings were initiated by the Agency in September 2011 and the (...)

The Danish Competition Authority finds that a satellite communication company has infringed conditions imposed by the Authority concerning the distribution of its TV channels (Viasat)
European Commission (Brussels)
Denmark: Viasat infringes Conditions imposed by Competition Council’s Decision in Distribution of TV Channels Case* On 27 June 2012, the Danish Competition Council (the Council) found that Viasat had infringed the conditions imposed by the Council’s decision of 30 September 2009 on Viasat‘s (...)

The Danish Competition Authority clears conditionally a case concerning a horizontal production agreement in the mobile telecommunications sector (Telia / Telenor)
Danish Competition and Consumer Authority (Copenhagen)
Radio Access Network sharing agreement between Telia Denmark A/S and Telenor A/S* On February 29 2012 the Danish Competition Council (DCC) cleared a case concerning a horizontal production agreement in the mobile telecommunications sector. The clearance is subject to conditions. Telia Denmark (...)

The Danish Competition Authority accepts commitments in relation to a radio access network sharing agreement between two telecom operators (Telia / Telenor)
DLA Piper (Copenhagen)
On 29 February 2012, the Danish Competition Council accepted commitments offered by two Nordic telecom operators in connection with a notification of an agreement by which the two telecom operators combined their respective Radio Access Network in a joint venture. Background Telia Sonera AB (...)

The Danish Competition Authority decides that it has no grounds for action concerning a horizontal production agreement between mobile operators (Telia Denmark / Telenor)
European Commission (Brussels)
Denmark: Network Sharing Agreement in Danish Mobile Telecommunications Sector* On 29 February 2012, the Danish Competition Council (DCC) decided that it had no grounds for action in a case concerning a horizontal production agreement between the mobile operators Telia Denmark and Telenor A/S. (...)

The French Supreme Court confirms its interpretation of the effect on trade concept (France Telecom / Orange Caraïbes)
European Commission (Brussels)
France: The French Supreme Court confirms the Autorité’s Interpretation of the Effect on Trade Concept* On 9 December 2009, the Autorité de la concurrence (the Autorité) fined France Télécom and its local subsidiary, Orange Caraïbes, for a series of exclusionary practices in the overseas departments (...)

The French Supreme Court adjusts its interpretation of the effect on trade concept contained in Art. 101 and 102 TFEU (Orange Caraïbe)
Paris Dauphine University
I. Introduction 1.Less than a year after its controversial holding in Jet Fuel Cartel, the French Supreme Court (Cour de cassation), in a judgment delivered 31 January 2012, decided to adjust, without fully abandoning, its previous view on the appreciable affectation of trade between Member (...)

The Danish Maritime and Commercial Court delivers a judgment on restrictive conditions imposed by a TV provider to its distributors (Viasat)
Kromann Reumert (Copenhagen)
On 6 January 2012, The Danish Maritime and Commercial Court delivered its judgment in the long running Viasat case. This note gives a brief overview of the process and facts of the case, and then comments on the perspectives on the case. Background The case concerns Viasat Broadcasting UK (...)

The Polish Competition Authority breaks a cartel of mobile operators (Polkomtel / Polska Telefonia Cyfrowa / PTK Centertel / P4)
European Commission (Brussels)
Poland: UOKiK breaks Cartel of Mobile Operators* In December 2011, the decision of the Office of Competition and Consumer Protection (UOKiK) of 23 November in which it found that Poland’s biggest mobile telephony operators – Polkomtel, Polska Telefonia Cyfrowa, PTK Centertel and P4 – engaged in (...)

The Polish Competition Authority finds that delay in introducing mobile television service is a result of anticompetitive agreement (Polkomtel / PTK Centertel / PTC / P4)
Greenberg Traurig Grzesiak (Warsaw)
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Hogan Lovells (Warsaw)
The OCCP decision On 23 November 2011, the President of the Office of Competition and Consumer Protection («the OCCP») fined four mobile telecom operators (Polkomtel, PTK Centertel, PTC, and P4) for the exchange of information on the assessment of a commercial offer prepared by Info-TV-FM (...)

The Bosnian Competition Authority finds no anticompetitive practices on the market for telecom interconnection services in the absence of the requisite anticompetitive object and effect (Crumb / Telekomunikacije Republike Srpske / Aneks)
University of Macau - Faculty of Law (Macau)
On 17 November 2011 the Competition Authority of Bosnia & Herzegovina (KV) closed its investigation into the alleged existence of anticompetitive agreement between the incumbent telecom operator Telekomunikacije Republike Srpske a.d.(Telekom RS) and an independent provider of fixed (...)

The Romanian Competition Authority submits for public consultation the commitment proposals drafted by three telecom distributors (Payzone / PayPoint Services / PayUp)
European Commission (Brussels)
Romania: Public Consultation on Commitments submitted by Orange Romania and its Distributors* On 2 November 2011, the public consultation launched by the Competition Council (RCC) on the commitments submitted by Orange Romania was closed. The commitments were offered in a case regarding an (...)

The Dutch Competition Authority reaches final decision in mobile operators case (KPN Mobile / T-Mobile / Vodafone)
European Commission (Brussels)
The Netherlands: The Nederlandse Mededingingsautoriteit reaches Final Decision in Mobile Operators Case* At the beginning of January 2012, following a lengthy court procedure, the Nederlandse Mededingingsautoriteit (NMa) published its decision of 26 October 2011, in which it confirmed that the (...)

The Paris Appeal Court confirms fines imposed by the French Competition Authority in telecommunication cases (Mobile Phone Cartel)
European Commission (Brussels)
France: The Paris Appeal Court upholds Fines imposed by the French Competition Authority in Telecommunications Case* On 30 June 2011, the Paris Court of Appeal upheld the fine that had been imposed by the French Competition Authority in the mobile telephony sector. This ruling follows a (...)

The Paris Court of Appeal confirms the decision of the French Competition Authority in the mobile telephony case by adopting the same arguments without clarification regarding the new requirement of proof of harm to the economy (Orange France)
Université Paris XI (Sceaux)
The ruling by the Paris Court of Appeal of 30 June 2011 in connection with decision N° 05-D-65 (hereinafter Decision) of the Competition Council (which has now become the Competition Authority) opens new perspectives for thinking about certain issues such as (i) the criteria for sanctions in (...)

The US Court of Appeals for the 7th Circuit upholds the plausibility of a claim for alleged conspiracy in the telecommunications sector under the Twombly standard (Text messaging antitrust litigation)
Wolters Kluwer (Riverwoods)
Conspiracy to Fix Prices for Text Messaging Services Plausible* Antitrust plaintiffs asserting price fixing claims do not need a “smoking gun” to avoid dismissal of their complaint and proceed to discovery. Yesterday, the U.S. Court of Appeals in Chicago decided that consumers plausibly alleged (...)

The US District Court for the Southern District of New York dismisses an antitrust suit brought against transactions on the market for licenses of mobile wireless-related patents (Siti / AST)
Stanford University - Stanford Law School
Antitrust suit against defensive patent purchasing organization dismissed* On 29 December 2010, the U.S. District Court for the Southern District of New York dismissed an antitrust suit brought by Siti-Sites.com, Inc. (“Siti”) against Allied Security Trust (“AST”) and allegedly associated entities (...)

The UK Office of Communications decides not to launch a full investigation on a venture aiming to create digital terrestrial channels and internet-delivered TV services (Project Canvas / YouView)
Central Bank of Ireland
On 19 October 2010, the UK communications regulator, Ofcom, announced that it would not initiate a full investigation under the Competition Act into the Project Canvas/YouView venture. Virgin Media and IPVision had submitted complaints to Ofcom under the Competition Act. Also, Ofcom received (...)

The Dutch Trade and Industry Appeals Tribunal holds that undertakings participating in an exchange of information amounting to a concerted practice should not be required to adduce irrefutable evidence that such exchanges do not have any effect on their conduct on the market (KPN / Orange / Telfort / T-Mobile / Vodafone Libertel)
European Commission - DG HR (Brussels)
,
European Court of Justice (Luxembourg)
The Dutch Trade and Industry Appeals Tribunal has held that by virtue of Article 6 of the ECHR, undertakings participating in an exchange of information amounting to a concerted practice should not be required to adduce irrefutable evidence that such exchange did not have any effect on their (...)

The French Commercial Supreme Court quashes the ruling of the Paris Court of Appeal relating to the exclusive distribution agreements of smartphones (Orange / Apple / France Télécom)
Simmons & Simmons (Paris)
,
Hewlett Packard (Boulogne-Billancourt)
In a ruling dated 16 February 2010, the French Supreme Court (the "Supreme Court") quashed the ruling of the Paris Court of Appeal (the "Court of appeal") relating to the exclusive arrangements between Orange France (a subsidiary of France Telecom) and Apple for the distribution of iPhones in (...)

The French Competition Authority accepts commitments from a technology company and a mobile telecommunications company to waive the distribution exclusivity of mobile phones (Orange / Apple)
Norton Rose Fulbright (Paris)
On 11 January 2010, the French Competition Authority handed down its first decision of 2010, accepting the commitments undertaken by Apple and Orange to waive any distribution exclusivity on current and future iPhones models. Such Commitment Decision, taken pursuant to Article L. 464-2 I of (...)

The Bulgarian Competition Authority holds that a network of vertical exclusivity agreements covering 86% of the relevant market has anticompetitive effects (Net Is Sat / Megalan / University of National and World Economy and Others)
Kinstellar (Sofia)
The Bulgarian Commission for Protection of Competition (the “CPC”) found that a network of vertical exclusivity agreements regarding construction and exploitation of Internet infrastructure and access to Internet that covered 86% of the relevant market foreclosed new entries and expansion by (...)

The Latvian Competition Authority fines two phone kiosk chains for a prohibited agreement on the market for prepaid cards (Plus Punkts / Narvesen Baltija)
Konkurences padome (Riga)
The Competition Council Fines Two Kiosk Chains for Prohibited Agreement* On 16 December 2009 the Competition Council of Latvia adopted a decision establishing a prohibited agreement between two kiosk chains – Plus Punkts Ltd. and Narvesen Baltija Ltd./Preses apvienība Ltd. – and imposed fines in (...)

The Latvian Competition Authority imposes a fine on participants of a kiosk chain cartel (Plus Punkts / Narvessen / Preses apvienība)
Klavins Ellex (Latvia)
Introduction On 15 May 2009 Latvian Competition Council received an application from SIA “Tele2” (Tele2) containing information regarding potentially concerted practices among SIA “Plus Punkts” (Plus Punkts), SIA “Narvessen Latvia” (Narvessen) and AS “Preses apvienība” (Preses apvienība). After (...)

The Russian Competition Authority establishes the existence of price-fixing agreements concluded between a mobile phone manufacturer and its distributors (Nokia)
University of Macau - Faculty of Law (Macau)
On 23 September 2009 Russian Competition Authority (FAS) established that leading manufacturer of mobile phones NOKIA has infringed Russian competition law by including recommended resale prices in its distribution contracts. Due to the fact that NOKIA has subsequently deleted “recommended (...)

A Portuguese self-regulation body for advertising suspends triple-play campaign due to misleading claim of optical fibre connections (PT Comunicações / ZON TV CABO)
DLA Piper (Lisbon)
,
Vieira de Almeida (Lisbon)
On 27 July 2009 ICAP - Instituto Civil da Autodisciplina da Comunicação Comercial (Civil Institute for Self-Discipline in Commercial Communication) ordered the suspension of the advertising campaign carried out by leading pay-TV operator in Portugal ZON TV CABO following a complaint by PT (...)

The Spanish Competition Authority acquits three telecom operators of alleged anticompetitive practices consisting in parallel increasing mobile phone rates (Teléfonos Móviles)
Hogan Lovells (Madrid)
,
Allianz (Brussels)
On 2 July 2009, the Council of the Spanish Competition Authority (Consejo de la Comisión Nacional de la Competencia, hereinafter the “Council of the CNC”) concluded that the increase of the mobile phone rates implemented in parallel by Telefónica Móviles España, S.A.U. ("Telefonica"), Vodafone (...)

The EU Court of Justice clarifies the notion of concerted practice and holds that a single meeting amongst competitors where they exchanged sensitive information can be caught by EU antitrust rules (T-Mobile Netherlands)
Bird & Bird (Brussels)
Concerted practices, greyhounds, swans and alcoholmeters* Adam Smith wrote in the Wealth of Nations that “two greyhounds, in running down the same hare, have sometimes the appearance of acting in some sort of concert. Each turns her towards his companion, or endeavours to intercept her when his (...)

The Paris Court of Appeal confirms decision against French mobile operators in exchange of information case (Orange / SFR / Bouygues Télécom)
Van Bael & Bellis (Brussels)
On 11 March 2009, the Paris Court of Appeal confirmed the French Competition Council’s decision of 30 December 2005 in which it found inter aliathat, by engaging in the exchange of confidential information, three French mobile operators, Orange (France Télécom Group), SFR (Vivendi Group) and (...)

The EU Court of Justice Advocate General Kokott gives opinion on standard of proof with regard to anti-competitive concerted practices (T-Mobile Netherlands)
Van Bael & Bellis (Brussels)
On 19 February 2009, Advocate General Kokott delivered her opinion in relation to a preliminary reference from a Dutch court regarding the requirements that must be satisfied to establish an anti-competitive concerted practice for the purposes of Article 81(1) EC. The case before the Dutch (...)

The Paris Court of Appeals confirms the Competition Authority’s interim measures preventing exclusive rights regarding the distribution of smartphones (Orange / Apple / France Télécom)
White & Case (Paris)
,
Dalkia Wastenergy (Paris)
In a decision dated 4 February 2009, the Paris Court of Appeals confirmed decision n° 08-MC-01[[ French Competition Council (Conseil de la concurrence), 17 December 2008, Decision n° 08-MC-01, Bouygues Telecom/ Apple-Orange (iPhone). of the French Competition Council concerning practices (...)

The Croatian Competition Authority annuls price-fixing agreements concluded between a mobile phone operator and its distributors (VIPnet)
University of Macau - Faculty of Law (Macau)
VIPnet d.o.o. (VIPnet) is a Croatian mobile telecom operator established in 1998 by the Mobilkom Austria AG. VIPnet provides its services through a network of “partners” and “wholesalers”. “Partners” sell VIPnet’s products and services directly to the final consumers on the VIPnet’s account. (...)

The French Competition Authority orders the suspension of an exclusivity French mobile market (Orange / Apple / France Telecom)
French Competition Authority (Paris)
The Conseil de la concurrence considered that the agreements entered into between Orange and Apple were likely to introduce further rigidity, to increase consumer captivity due to smartphones attraction and, through the implementation of a differentiation strategy, to reduce competition in a (...)

The French Competition Authority rejects a complaint and a request for interim measures lodged by an association of telecommunications operators regarding an exclusive agreement for the distribution of TV programs (AFORST / France Telecom / France Televisions)
Juliette Goyer Avocat (Paris)
,
DG COMP (Brussels)
In a decision dated 7 May 2008, the French Competition Council dismissed both the referral and the request for interim measures lodged by the Association for network operators and telecommunication services (“AFORST”) against France Television and France Telecom regarding an exclusive (...)

The Paris Court of Appeal upholds the legality of two restrictions on internet sales by authorised retailers within a selective distribution network in the cosmetic sector (PMC Distribution / Pacific Création)
Freshfields Bruckhaus Deringer (Paris)
,
Freshfields Bruckhaus Deringer (Paris)
In its decision dated 18 April 2008, S.A.R.L. PMC Distribution vs. S.A.S. Pacific Création, the Paris Court of Appeal (the "Court") takes part in the debate on the legal regime of Internet sales within selective distribution systems. Pacific Création, an undertaking which manufactures and (...)

The Dutch Trade and Industry Appeals Tribunal makes a reference for a preliminary ruling to the ECJ concerning the application of Art. 81.1 EC to concerted practice between mobile phone operators (KPN Mobile)
European Commission - DG HR (Brussels)
,
European Court of Justice (Luxembourg)
In December 2002, the Dutch Competition Authority (hereafter the ‘NMa’) imposed fines upon five Dutch mobile phone companies for breach of Article 6 of the Dutch Competition Act (a provision equivalent to Article 81 (1) EC). The NMa found that those mobile phone operators exchanged confidential (...)

The Hamburg Regional Court rules on exclusive smartphone distribution agreements (Apple / T-Mobile)
Gleiss Lutz (Munich)
,
Milbank, Tweed, Hadley & McCloy (Munich)
On 4 December 2007 the German Regional Court of Hamburg issued a decision on the compatibility with competition law and the law against unfair practices of the exclusive distribution agreement concluded between the German mobile network operator T-Mobile and the American multinational (...)

The German Competition Authority approves mobile television broadcasting cooperation subject to commitments (T-Mobile / Vodafone / O2)
Blomstein (Berlin)
Background The market for mobile television is still at an early stage of the development. In Germany, different mobile TV standards have undergone test phases but until now no German-wide system is in operation. Already in 2006, three major mobile phone network operators T-Mobile, T-Vodafone (...)

The French Commercial Supreme Court rules that exchange of information is not prohibited per se and recalls that imposing fine in an oligopolistic market requires to demonstrate a concrete anticompetitive object or effect (Bouygues Telecom / Orange / SFR)
White & Case (Paris)
The “mobile telephony case” in which the French Competition Council, upheld by the Paris Court of Appeal, imposed on three competitors a record EUR 534 million fine, has not come to an end yet since the Cour de cassation (French supreme court for judicial matters) partially repealed the appeal (...)

The French Commercial Supreme Court partly annuls the Paris Court of Appeal’s judgment on illicit exchange of sensitive information in the mobile telephony cartel and strengthens the standard of proof (Bouygues Telecom / SFR / Orange)
Kramer Levin Naftalis & Frankel (Paris)
,
Eversheds Sutherland (Paris)
,
Johnson & Johnson (Issy-les-Moulineaux)
Proceedings In its decision of November 25, 2005, the French Competition Council imposed record fines - up to a global amount of € 534 million - on the three main mobile phone operators in France (namely Bouygues Telecom, SFR and Orange France) for cartel practices infringing of Articles L. (...)

The French Commercial Supreme Court rules that exchange of information between competitors in an oligopolistic market is not per se contrary to competition law (Bouygues Telecom / Orange / SFR)
French Competition Authority (Paris)
,
DG COMP (Brussels)
Background On 29 June the French Commercial Supreme Court (“the Supreme Court”) ruled on a noteworthy case relating to anticompetitive agreements and exchange of information in the mobile telephony market. The case was decided on the basis of Article L. 420-1 of the French Commercial Code and (...)

The US Supreme Court redefines notice pleading and raises the bar for plaintiffs in private antitrust conspiracy claims (Bell Atlantic / Twombly)
St. John’s University School of Law
Twombly: The Demise of Notice Pleading, the Triumph of Milton Handler and the Uncertain Future of Antitrust Enforcement* The Supreme Court’s decision in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) is a watershed ruling whose impact on private litigation, especially antitrust (...)

The US Supreme Court affirms the necessity of pleading elements in private antitrust conspiracy claims (Bell Atlantic / Twombly)
University of Indiana
Pleading Consumer Antitrust Claims* The U.S. has long followed a system of private enforcement of law meant to redress public harm. In the law of antitrust, from the very beginning U.S. law provided a claim to plaintiffs who could show harm flowing from the violation. Convincing private (...)

The US Supreme Court defines minimum pleading standard in antitrust class action (Bell Atlantic / Twombly)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
,
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
,
Skadden, Arps, Slate, Meagher & Flom (New York)
In a 7-2 decision on May 21, 2007, the Supreme Court held that a complaint alleging antitrust conspiracy based on parallel conduct alone fails to state a claim under Federal Rule of Civil Procedure 12(b)(6). Bell Atlantic Corp. v. Twombly, No. 05-1126. Further, the Court held that a bare (...)

The US Supreme Court holds that an allegation of parallel conduct and a bare assertion of an agreement does not suffice to state a claim of conspiracy under the Sherman Act (Bell Atlantic / Twombly)
Paul Hastings (New York)
,
Paul Hastings (New York)
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Seeger Weiss (New York)
INTRODUCTION On May 21, 2007, the United States Supreme Court issued an important decision pertaining to the pleading standards in an antitrust action under Section 1 of the Sherman Act, 15 U.S.C. § 1. In Bell Atlantic Corp. v. Twombly, No. 05‐1126, the Supreme Court (...)

The Polish Competition Authority decides to discontinue proceedings instituted in the telecommunication sector (Telekomunikacja Polska / Polska Telefonia Komorkowa Centertel)
French National Research Agency - ANR (Paris)
In 2003, the Office for Competition and Consumer Protection published a paper entitled “Polish Telecommunication Sector and the Activity of the Anti-monopoly Authority” dealing with competition law violations that occurred in this sector, with particular attention to the behaviour of (...)

The Paris Court of Appeal confirms the Competition Authority’s record fine on three telephony operators for exchanging confidential information and maintaining market shares (Bouygues Télécoms / SFR / Orange France)
Freshfields Bruckhaus Deringer (Paris)
,
Edreams ODIGEO (Barcelone)
Following the Competition Council’s decision to initiate proceedings ex officio in 2001 and a complaint lodged by the consumer association UFC Que Choisir in 2002, an investigation revealed the existence of anticompetitive agreements on the French mobile telephony market. In a decision dated 30 (...)

The Paris Court of appeal upholds France’s highest antitrust fine and confirms a strict approach towards an exchange of information between competitors in oligopoly markets (Bouygues Télécom / SFR / Orange France)
DS Avocats (Paris)
On November 25, 2005, the French competition council imposed a combined fine of EUR 534 million on France’s three mobile operators, i. e. the highest fine ever in France and one of the highest in Europe. The decision was based on two main objections, namely a practice of exchange of information (...)

The Hungarian Competition Authority fines three IT companies for collusion in public procurement procedures (Synergon)
Dechert (London)
The Competition Council of the Hungarian Competition Authority has imposed heavy fines on three companies operating in the IT sector (namely Synergon Informatikai PLC- “Synergon”, Montana Információtechnnológiai és Kommunikációs PLC- “Montana” and Hewlett-Packard Magyarország LLC- “Hewlett-Packard”) for (...)

The Rotterdam District Court quashes the decision of the Competition Authority in the mobile operators’ case for insufficient motivation (KPN Mobile / Orange / T-Mobile / Vodafone Libertel)
Covington & Burling (Brussels)
The District Court of Rotterdam judged in favour of the “mobile operators” in their case against the Dutch Competition Authority (the NMa). The NMa’s case alleging cartel activities was ruled to be insufficiently founded and therefore annulled. On July 13th, the District Court of Rotterdam handed (...)

The French Competition Authority imposes record fines on the mobile telephone operators for market sharing and exchange of information (Orange / SFR / Bouygues)
Gide Loyrette Nouel (Paris)
On November 30th 2005, the French Competition Council (the “Council” ) imposed heavy fines on the three mobile telephone undertakings, Orange France, SFR and Bouygues Telecom, amounting to a € 534 millions total. The allotment of the fines was as follows : Orange France: 256 million Euros SFR: (...)

The Court of Amsterdam orders a new entrance to cease actively soliciting the clients of the telecommunication incumbent on the ADSL market under a penalty of €5000 (Wanadoo / KPN)
European Commission - DG HR (Brussels)
KPN, the Dutch historical telecommunication operator, owned an ADSL network through which it provided “fast ip access” to other internet service providers. “Fast ip access” enabled other internet service providers to provide their services to end-users. Wanadoo is an Internet service provider which (...)

The Hungarian Competition Authority exempts a 9-year exclusive services agreement with the incumbent on the basis of Art. 81.3 EC in the IT services market (Magyar Telekom)
Ferdowsi Legal (Tehran)
Facts of the case The Rába Group (the "Group") is one of Hungary’s largest vehicle manufacturers, which produces undercarriages, spare parts and commercial vehicles, mainly for export markets (60% of its production is exported). The Rába Group is one of the biggest undercarriage constructors in (...)

The Czech Competition Authority states that a contractor’s undertaking not supplying another purchaser for better prices is an anti-competitive agreement (Èeský Telecom / Joyce / Lucent)
Wolf Theiss (Prague)
The Office for the protection of competition of the Czech Republic confirmed on March 25, 2005 its earlier first instance decision, in which it has found that the agreements concluded by Èeský Telecom with two suppliers of ADSL modems represent a prohibited price fixing agreement as they bind the (...)

The French Competition Authority hands down interim measures in the ADSL television sector (France Télécom / TPS)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence hands down interim measures in the ADSL television sector.* In its decision 04-MC-01 of 15th April 2004, the Conseil de la concurrence handed down interim measures against the (...)

The Hungarian Competition Authority finds that resale price maintenance in agency agreements do not infringe competition law (Westel Mobil)
Oppenheim (Budapest)
,
Oppenheim (Budapest)
Description of the impugned case The supplier (Westel Mobil, a mobile telecommunications service provider), concluded agreements on the marketing and sale of mobile telecommunications services and discounted cell phones with different dealers; the agreements contained RPM clauses. The HCO (...)

The German Competition Authority imposes fines on two manufacturers for influencing retail sale prices in an anticompetitive way (Swissphone / Ansmann)
Linklaters (Düsseldorf)
Description of the impugned case One case deals with in indirect RPM clause: the producer of telecommunication equipment provided his dealers with rebates under the condition that they would maintain the recommended sale prices (Swissphone). In the other case, the producer of batteries and (...)

The EU Commission provides clear guidance on the compliance of network sharing in 3rd generation mobile telecommunications systems with EC competition rules (T-Mobile Germany / O2 Germany)(T-Mobile UK / O2 UK)
Baker Botts (Brussels)
,
University of Tilburg
"Network sharing in 3rd generation mobile telecommunications systems: minding the coverage gap and complying with EC competition rules"* Introduction In February 2002, T-Mobile and O2 notified two agreements that provided for the Parties to cooperate by way of network sharing in the buildout (...)

The Dutch Competition Authority imposes fines for reduction of dealer fees for post-paid mobile telephone subscriptions and exchange of sensitive information (Ben Nederland / Dutchtone / KPN Mobile / O2 / Vodafone Libertel)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Fines Mobile Telephone Operators EUR 88 Million* The Netherlands Competition Authority (NMa) has imposed fines totalling EUR 88,000,000 on Ben Nederland B.V., Dutchtone N.V., KPN Mobile N.V., O2 (Netherlands) B.V. and Vodafone Libertel N.V. NMa has established that these companies (...)

The EU Commission clears agreements to set up and operate a world-wide mechanism to evaluate, certify and license patents for third generation mobile communications systems (3G3P)
European Commission (Brussels)
"Competition law analysis of patent licensing arrangements — the particular case of 3G3P"* On 12 November 2002, the Commission’s Competition Directorate-General cleared agreements to set up and operate a world-wide mechanism to evaluate, certify and license essential patents for third generation (...)

The Dutch Competition Authority approves proposed setting up of a joint venture in the telecom sector (Dutchtone / Ben)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Approves Cooperation between Dutchtone and Ben in Construction of UMTS Network* The Netherlands Competition Authority (NMa) has given its approval to the proposed setting up of a joint venture by Dutchtone and Ben. This joint venture will construct and administer parts of the UMTS network (...)

The German Competition Authority informs that there are no competition concerns regarding cooperation between housing companies and a telecom company (KDG / Deutsche Telekom)
German Competition Authority (Bonn)
No concerns regarding close cooperation in the broadband cable sector* The Bundeskartellamt has no concerns regarding a close cooperation between Kabel Deutschland GmbH (KDG, a subsidiary of Deutsche Telekom AG in charge of the broadband cable business) and housing companies. According to a (...)

The German Federal Court of Justice holds that an agreement between one party for an increase or a change of fees by the other party vis-à-vis third parties constitutes an infringement of the prohibition to fix prices (Kabel / Hausverteilanlagen)
Linklaters (Düsseldorf)
Description of the impugned case The case deals with an indirect vertical price fixing clause between a housing company and a cable network operator which restricts the cable network operator in determining the fees charged from the housing company’s tenants in that in particular the (...)

The OECD holds a roundtable on competition issues related to sports
OECD - Competition Division (Paris)
Satellite television with dedicated sports channels considerably increased the market for sports broadcasts. Sports bodies and event organisers perceive that they have market power to influence competition among TV channels and the market for sports equipment. Sports federations and leagues (...)

The EU Commission clears interim intellectual property rights arrangements in the telecommunications industry (ETSI)
DG COMP (Brussels)
"ETSI IPR Policy"* The Commission issued a negative clearance-type comfort letter with respect to ETSI‘s (European Telecommunications Standards Institute) Interim IPR Policy. The intellectual property rights arrangements which ETSI developed and notified to the Commission, provided that members (...)

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