Telecom & Dominance

Anticompetitive practices

The EU Court of Justice provides guidance on the circumstances in which an infringement of competition law can be imputed to a parent company (Slovak Telekom) (Deutsche Telekom)
Ashurst (London)
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Ashurst (Brussels)
In its ruling in Deutsche Telekom v Commission (C-152/19 P), the European Court of Justice ("ECJ") provided guidance on the application of the Bronner case law to refusal to supply cases, as well as on the relevant facts, and on the circumstances in which an infringement of competition law can (...)

The EU Court of Justice dismisses the appeals lodged by two telecommunications companies against the judgments of the General Court relating to anticompetitive practices on the Slovak market (Slovak Telekom) (Deutsche Telekom)
European Court of Justice (Luxembourg)
The Court of Justice dismisses the appeals lodged by Slovak Telekom and Deutsche Telekom against the judgments of the General Court relating to anticompetitive practices on the Slovak telecommunications market* The fine of € 38 061 963, for which those two companies were found jointly and (...)

The Italian Competition Authority provides feedback on the governmental report regarding the development of ultra-wideband fixed and mobile telecommunication infrastructure, with a view to promoting investment and competition
Italian Competition Authority (Rome)
S3904 - ICA: removing obstacles to the development of the ultra-wide bands. Report to Parliament, the Government, AGCOM and ANCI* At the meeting of the 1st July 2020, the Italian Competition Authority [Autorità Garante della Concorrenza e del Mercato] decided to address a report to the (...)

The Ankara Administrative Court reassesses the Competition Authority’s decision on price squeezing allegations in the telecommunications sector (Türk Telekom / TTNET)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Background In 2012, the Board launched a full-fledged investigation against Türk Telekom and TTNET upon the complaints of certain Internet service providers (“ISP”), alleging that Türk Telekom and TTNET had abused their dominant positions in the wholesale and retail markets for fixed broadband (...)

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 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 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 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 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 Romanian Competition Authority publishes guidelines on mobile communication network sharing agreements
European Commission (Brussels)
Romania: Guidelines on Mobile Communication Network Sharing Agreements published* In June 2014, the Romanian Competition Council (RCC) released the ‘Guidelines for the interpretation and application of article 5(2) of the Competition Law no. 21/1996 republished, as subsequently amended, on (...)

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 (...)

Dominance

The Romanian Competition Authority opens an investigation into possible abuse of dominance of a national telecommunications company (Telekom Romania Communications)
Romanian Competition Council (Bucharest)
The Competition Council opens investigation into possible abuse of dominant position of Telekom Romania communications SA* The Competition Council is carrying out an investigation regarding a possible abuse of a dominant position of Telekom Romania Communications SA on the market of the (...)

The Paris Commercial Court imposes a €1,2 million fine on a big tech company for abuse of dominant position (Google / Oxone)
Ashurst (Paris)
In the context of a stand-alone action – which falls under the new provisions resulting from the transposition of the Damages Directive – the Paris Commercial Court ruling at first instance orders Google to pay EUR 1,2 million in damages to Oxone, a telephone directory services company. Oxone (...)

The Russian Competition Authority finds a telecom company guilty of abusing its dominant position to unreasonably increase tariffs for communication services (Tele 2)
Russian Federal Antimonopoly Service (Moscow)
The FAS Russia: Tele 2 Unreasonably Increased Tariffs for Communication Services* T2 Mobile has increased the cost of providing mobile services on a number of tariff plans from May 12, 2020 On October 20, the FAS Russia found a violation of antimonopoly law in the company’s actions. Earlier, (...)

The Brussels Court of Appeal partially annuls a decision imposing a record fine on a telecommunication company for margin squeeze (Proximus)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 7 October 2020, the Markets Court of the Brussels Court of Appeal (Marktenhof / Cour des marchés) (the Markets Court) partially annulled the decision of 26 May 2009 (the 2009 Decision), for lack of admissible evidence, by which the Belgian Competition Authority (Belgische (...)

The Russian Competition Authority issues a warning to a manufacturer of cash register equipment to eliminate an abuse of dominance violation (Evotor)
Russian Federal Antimonopoly Service (Moscow)
FAS ISSUED WARNING TO THE MANUFACTURER OF CASH REGISTER EQUIPMENT EVOTOR * FAS received complaints on violations of the antimonopoly legislation from organizations and entrepreneurs using Evotor cash register equipment The FAS found that Evotor LLC directed a software update to the cash (...)

The Polish Competition Authority initiates investigation into the relations between broadcasters and operators of cable TV and digital platforms following complaints on the methods of selling TV shows by broadcasters
Polish Competition Authority (Warsaw)
President of UOKiK will check practices of TV broadcasters* Does the sale of TV packages to operators, including cable networks, by broadcasters hinder competition? Do the broadcasters leverage their market position in the advertising market? This will be the subject of explanatory proceedings (...)

The EU Court of Justice addresses how incompatibility with net neutrality shall be assessed under the relevant legislation regarding open internet access (Telenor Magyarország / Nemzeti Média- és Hírközlési Hatóság Elnöke)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Court of Justice of the European Union (“ CJEU ”), in its recent decision with regard to the two joint cases (C‐807/18 and C‐39/19) brought before it for preliminary ruling, addressed how incompatibility with net neutrality shall be assessed under the relevant legislation regarding open (...)

The Regional Court of Munich rules in favor of an electronic manufacturer in standard essential patent proceeding (Sharp / Daimler)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 10 September 2020, the Regional Court of Munich (“Munich Court”) ruled in favour of Sharp that Daimler had infringed a standard essential patent (“SEP”) of Sharp. Sharp is the patent holder of EP 2667676B1 which is standard essential for the Long-Term Evolution (“LTE”) telecommunications (...)

The EU Court of Justice Advocate General Saugmandsgaard Øe advises to dismiss the parties’ challenges to the Commission’s finding abuse of dominance on the Slovak broadband services market (Slovak Telekom) (Deutsche Telekom)
Van Bael & Bellis (Brussels)
On 9 September 2020, Advocate General (“AG”) Saugmandsgaard Øe issued his opinion in Deutsche Telekom v. European Commission (Case C-152/19) and Slovak Telekom v. European Commission (Case C-165/19) advising the Court of Justice (“ECJ”) to dismiss the parties’ challenges to the Commission’s finding (...)

The EU Court of Justice AG Saugmandsgaardoe issues opinion finding that a firm without an indispensable infrastructure can nonetheless abuse a dominant position by way of margin squeeze (Slovak Telekom) (Deutsche Telekom)
European University Institute (Florence)
I share below a quick analysis of the Opinion of Advocate General ("AG") Saugmandsgaardoe in Deutsche Telekom and Slovak Telekom (DT & ST) v Commission (C-152 and 165/19 P). The legal issue at the heart of the case giving rise to the Opinion is the following: can a firm without an (...)

The EU Court of Justice Advocate General Saugmandsgaard Øe recommends the Bronner legal test to be limited to ’refusals to make available’ (Slovak Telekom) (Deutsche Telekom)
Latham & Watkins (Brussels)
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University of Liège
Advocate General (‘AG’) Saugmandsgaard Øe recommends the European Court of Justice (‘ECJ’) to (i) rule that the test included in the Bronner Judgment – including the indispensability requirement – should only be applied in specific circumstances (i.e., in case of ‘refusals to make available’), and (...)

The UK Supreme Court rules in a licence dispute between a software and a telecommunication company and clarifies the English Courts’ approach to FRAND royalty cases (Unwired Planet / Huawei)
Van Bael & Bellis (Brussels)
On 26 August 2020, the UK Supreme Court issued a judgment in a licence dispute involving Standard Essential Patents (“SEPs”) pitting Unwired Planet, a US based patent assertion entity, against Huawei, a Chinese telecommunications company that produces smartphones. Unwired Planet brought an (...)

The EFTA Surveillance Authority fines a telecom EUR 111 million for abuse of dominance in the Norwegian market for residential mobile broadband services on tablets and laptops (Telenor)
EFTA Surveillance Authority (Brussels)
ESA fines Telenor EUR 112 million for anticompetitive practices* Following an in-depth investigation, the EFTA Surveillance Authority (ESA) concludes that Telenor abused its market dominance by a pricing strategy that resulted in rivals making a loss when selling residential mobile broadband (...)

The German Federal Court of Justice clarifies obligations of parties in SEP licensing negotiations on FRAND terms (Sisvel / Haier)
Van Bael & Bellis (Brussels)
In its judgment of 5 May 2020, the Federal Court of Justice (“FCJ”) overturned the appeal ruling of the Higher Regional Court of Düsseldorf (the “Düsseldorf Court”) and found that Haier’s mobile telephones and tablets infringed Sisvel’s standard-essential patent (“SEP”) and that Sisvel had not abused (...)

The German Federal Court of Justice rules on SEP licensing negotiations on FRAND terms in the mobile telecommunications market (Sisvel / Haier)
McDermott Will & Emery (Dusseldorf)
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McDermott Will & Emery (Dusseldorf)
The German Federal Court of Justice (FCJ) has issued its decision in a landmark case regarding standard essential patents (SEPs) and fair, reasonable and nondiscriminatory (FRAND) licensing of SEPs. The judgment, dated 5 May 2020, was handed down in litigation between the Sisvel patent pool and (...)

The German Federal Court of Justice issues a judgment in a case involving SEP licensing negotiations on FRAND terms between two companies active in the mobile telecommunication market (Sisvel / Haier)
Van Bael & Bellis (Brussels)
On 5 May 2020, the German Federal Court of Justice (Bundesgerichtshof - the “FCJ”) delivered a judgment in a case pitting Sisvel against Haier which deals with the licensing of Standard Essential Patents (“SEP”) on terms that are fair, reasonable and non-discriminatory (“FRAND”). This is the first (...)

The EU Commission seeks feedback on commitments offered by a TV box company in an abuse of dominance investigation involving exclusivity agreements (Broadcom)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 27 April 2020, the European Commission (the “Commission”) invited interested parties to submit comments on the commitments offered by Broadcom under Article 9 of Regulation 1/2003 to address competition concerns in relation to certain exclusivity and quasi-exclusivity agreements allegedly (...)

The Italian Court of Cassation rules on the limitation period of antitrust damages claims in two judgements in the telecommunications sector (Uno Communications / Telecom Italia / Vodafone Italia)
White & Case (Milan)
1.- Introduction By judgements issued on the 27th of February, 2020, No. 5381, and on the 3rd of April 2020, No. 7677, the Italian Court of Cassation (Corte di Cassazione) ruled that the antitrust damages claims brought by Uno Communications S.p.A. against Vodafone Italia S.p.A. and Telecom (...)

The Dutch Trade and Industry Appeals Tribunal annuls the Competition Authority decision requiring telecommunications providers to open networks (KPN / VodafoneZiggo / T-Mobile / Tele2)
Van Bael & Bellis (Brussels)
On 17 March 2020, the Dutch Trade and Industry Appeals Tribunal (“Appeals Tribunal”) reversed a decision of the Authority for Consumers & Markets (“ACM”) which required telecommunications provider KPN and cable provider VodafoneZiggo to open their fixed networks to other providers. On 27 (...)

The Dutch Trade and Industry Appeals Tribunal reverses a decision of the National Competition Authority requiring telecom providers to open up their fixed networks in the Netherlands to other providers (KPN / VodafoneZiggo / T-Mobile / Tele2)
Bird & Bird (Amsterdam)
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Bird & Bird (The Hague)
On 17 March 2020, the Dutch Trade and Industry Appeals Tribunal (“CBb”) reversed the 2018 decision of the Authority for Consumers and Markets (“ACM”) requiring telecom providers KPN and VodafoneZiggo to open up their fixed networks in the Netherlands to other providers. In September 2018, the ACM (...)

The Indian National Company Law Appellate Tribunal upholds the Competition Authority’s decision that a company mandating a party to sign an agreement which contains unfair and restrictive clauses is tantamount to abuse of its dominance (Verifone)
Supreme Court of India
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Supreme Court of India
Introduction The National Company Law Appellate Tribunal (NCLAT) by way of its common order dated 13 March 2020 dismissed two appeals preferred by M/s Verifone India Sales Pvt Ltd. (Appellant/ OP 1/ Verifone) against two separate orders passed by the Competition Commission of India (CCI). (...)

The Italian Competition Authority sanctions a telecommunications company for having undertaken a complex abusive strategy aimed at hindering the entry of the new infrastructure competitors in the broadband communication services sector (Telecom Italia)
Bird & Bird (Rome)
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Bird & Bird (Rome)
The Italian Antitrust Authority ("ICA") launched in June 2017 a proceeding for alleged violations of Article 102 TFEU committed by Telecom Italia ("TI") - through a complex abusive strategy aimed at a double purpose: in the retail market, to make its customer base less contestable by other (...)

The Italian Competition Authority fines €116M the largest national telecommunications provider for broadband market abuse (TIM)
Van Bael & Bellis (Brussels)
On 25 February 2020, the Italian Competition Authority (“AGCM”) fined Telecom Italia (“TIM”) € 116 million for abusing its dominant position in the broadband market by hindering its competitors’ investments in ultra-fast broadband. TIM is currently the largest telecommunications pro- vider in Italy. (...)

The French Competition Authority rejects a request for interim measures against a dominant telecom company accused of denying access to its fibre-to-the-premises infrastructure (AOTA / Orange)
French Competition Authority (Paris)
Orange activated fibre offer: the Autorité rejects the complaint of AOTA* The Autorité de la concurrence rejects the AOTA’s complaint regarding Orange’s practices for lack of evidence. The Autorité also announces the launching of an exploratory investigation into the business telecoms market. The (...)

The French Competition Authority finds that a non-notifiable acquisition does not amount to an abuse of dominant position in the broadcasting market (Towercast / Itas / TDF)
Van Bael & Bellis (Brussels)
On 16 January 2020, the French Competition Authority (the “FCA”) handed down a decision in which it found that mergers and acquisitions did not amount to an abuse of a dominant position. In the case at hand, Towercast (a company active on the market of terrestrial broadcasting in France) (...)

The Cypriot Competition Authority fines a dominant mobile telephony services provider €237.181,76 for foreclosing the ability of its competitor to offer services for 10 years (MTN Cyprus / Golden Telemedia)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
The Commission for the Protection of Competition imposed on MTN Cyprus Limited (EPIC LTD) an administrative fine of €237.181,76 for the infringement of Section 6(1)(b) of the Protection of Competition Laws of 2008 and 2014, following an investigation of the complaint submitted by Golden (...)

The Swiss Federal Supreme Court confirms and defines margin squeeze as a particular form of abusive pricing strategy in the telecommunication market (Swisscom)
Lenz & Staehelin (Zurich)
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Lenz & Staehelin (Zurich)
Federal Supreme Court examines margin squeeze under Swiss competition law* Introduction On 9 December 2019 the Federal Supreme Court confirmed that Swisscom AG and Swisscom (Schweiz) AG (together, Swisscom) had abused its dominant position by charging abusive prices for wholesale broadband (...)

The EU Commission imposes interim measures on a technology company suspected to have abused its dominance in the TV and modem chipset markets (Broadcom)
DG COMP (Brussels)
Antitrust: Commission imposes interim measures on Broadcom in TV and modem chipset markets* The European Commission has ordered Broadcom to stop applying certain provisions contained in agreements with six of its main customers. This will prevent serious and irreparable harm to competition (...)

The EU Commission imposes interim measures on a company for abuse of dominance in the TV and modem chipset markets (Broadcom)
Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
On 16 October 2018, the European Commission announced that, in the framework of its investigation into possible anticompetitive practices by Broadcom, it had imposed interim measures on the American company. This is the first time in 18 years that the Commission uses the power enshrined in (...)

The Swedish Court of Appeal confirms the dismissal of the Competition Authority’s action against a stock exchange company for alleged abuse of dominant position (Nasdaq)
Van Bael & Bellis (Brussels)
On 28 June 2019, the Swedish Patent and Market Court of Appeal (the “Appeal Court”) upheld a ruling of the Swedish Patent and Market Court that rejected an action brought by the Swedish Competition Authority (Konkurrensverket or “KKV”) against Nasdaq Stockholm Aktiebolag and several affiliated (...)

The EU Commission opens an investigation into semiconductor company for exclusionary conduct and uses interim powers for the first time in two decades (Broadcom)
Callol, Coca & Asociados (Madrid)
The European Commission has announced that it has opened an investigation against Broadcom in connection with various practices such as between Broadcom products and other products. The case follows precedents in the microchips market, particularly echoing the investigation against Intel which (...)

The Belgian Competition Authority imposes interim measures on a broadcaster in order to ensure the continuity of the FM broadcasts in the execution of its public service mission (Norkring)
Belgian Competition Authority (Brussels)
The Competition College of the BCA imposed an interim measure on Norkring België* On 22 January 2019, the Competition College of the Belgian Competition Authority (BCA) imposed an interim measure on NV Norkring België (Norkring) in order to ensure the continuity of the FM broadcasts of VRT in (...)

The Turkish Competition Authority fines a company for resale price maintenance after the Council of State annulled its first decision finding no infringement regarding prepaid card prices (Turkcell II)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Turkish Competition Board published its reasoned decision on an additional investigation on whether Turkcell İletişim Hizmetleri A.Ş. has violated the Law No. 4054 on the Protection of Competition through resale price maintenance and exclusivity practices (19-03/23-10; 10.01.2019). The (...)

The EU General Court slightly reduces the fine in a case of abuse of dominance in the telecom sector to account for the Commission’s failure to establish exclusionary effects over a limited period (Slovak Telekom)
Van Bael & Bellis (Brussels)
On 13 December 2018, the General Court (the “GC”) issued a judgment upholding in large part an October 2014 decision of the European Commission (the “Commission”) against Slovak Telekom, in which it found that Slovak Telekom had abused its dominant position by engaging in a constructive refusal to (...)

The US Northern District Court of California requires the holder of a standard-essential patent for cellular communication to license it to all those willing to pay a fair, reasonable and non-discriminatory rate (Qualcomm)
Crowell & Moring (Washington)
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McDermott Will & Emery (Washington)
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. FTC Secures Partial Victory Requiring SEP Holder to License to All Comers in Antitrust Case* Summary Recently, a federal district court in California granted (...)

The UK Court of Appeal upholds a decision qualifying an essential patent offer to be FRAND (Unwired Planet / Huawei)
Jindal Global University (Sonipat)
UK COURT OF APPEAL UPHOLDS FRAND INJUNCTION* Last week, the UK Court of Appeal upheld the findings of the High Court in an important case regarding standard essential patents (SEPs). Of particular significance, the Court of Appeal upheld the finding that the defendant, an implementer of SEPs, (...)

The Slovenian Administrative Court confirms a substantial part of a decision in a case related to abuse of dominant position (Telekom Slovenije)
Fatur Law Firm (Ljubljana)
INTRODUCTION On 9 January 2018, the Administrative Court of the Republic of Slovenia (hereinafter referred to as the Court) ruled in case I U 423/2015-48, brought by Telekom Slovenije against the Slovenian Competition Protection Agency’s (hereinafter referred to as SCPA) decision no. (...)

The Turkish Competition Authority finds the bundled sales of a telecommunication company not to be anti-competitive (TTNET)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ACTECON (Istanbul)
Turkish Competition Authority to Shape the Future of Multi-Play Services in Telecommunication Industry [TTNET] INTRODUCTION On 21 December 2018, Turkish Competition Authority (“TCA”) published its decision regarding the investigation conducted against TTNET A.Ş. (“TTNET”), the leading internet (...)

The EU Court of Justice holds that the actual effects of infringement do not have to be taken into account as part of the fine calculation in abuse of dominance cases (Orange Polska)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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Norton Rose Fulbright (Brussels)
On 25 July 2018 the CJEU dismissed an appeal by Orange Polska SA against a GCEU judgment upholding an EC decision that imposed a fine of more than EUR 127 million on Orange for abusing its dominant position. The CJEU confirmed that, as in the case of a cartel, the EC does not have to take (...)

The Croatian Competition Authority finds that a dominant telecommunication company did not abuse its dominance through predatory pricing (VIPnet)
Croatian Competition Agency (Zagreb)
VIPnet – no abuse of dominant position* The Croatian Competition Agency (CCA) found that VIPnet did not abuse a dominant position in the access to public telephone network at a fixed location for residential and/or non-residential customers, retail fixed broadband access and Pay television in (...)

The EU Court of Justice clarifies how to assess whether a practice of differential pricing by a dominant undertaking is capable of distorting competition on a downstream market (MEO / Serviços de Comunicações e Multimédia)
Arendt & Medernach (Luxembourg)
Facts This preliminary ruling arose following a complaint lodged with the Portuguese Competition Authority by Serviços de Comunicações e Multimédia SA (“MEO”) alleging that GDA, a non-profit-making collecting cooperative which manages the rights of artists and performers, had abused its dominant (...)

The EU Court of Justice clarifies the concept of a "competitive disadvantage" arising from discriminatory pricing by a dominant undertaking on a downstream market (MEO / Serviços de Communicações e multimedia)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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Norton Rose Fulbright (Brussels)
The CJEU held that a finding of a “competitive disadvantage” as the result of discriminatory pricing by a dominant undertaking on a downstream market does not require demonstration of an actual and quantifiable deterioration of a customer’s competitive situation on that market. This notion (...)

The EU Commission fines a manufacturer of baseband chipsets for abusing its dominant position by using loyalty rebates (Qualcomm)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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Norton Rose Fulbright (Brussels)
On 24 January 2018 the EC fined Qualcomm EUR 997 million for hindering competition on the market for Long-Term Evolution (LTE) basebands chips, in breach of Article 102 TFEU. Baseband chipsets, which enable smartphones and tablets to connect to cellular networks, are used both for voice and (...)

The EU Commission fines a company for abuse of dominance on the market for baseband chipsets for smartphones and tablets (Qualcomm)
Van Bael & Bellis (Brussels)
On 24 January 2018, the European Commission (the “Commission”) announced that it had imposed fines totalling € 997.439 million on chipset producer Qualcomm for abusing a dominant position contrary to Article 102 TFEU. While the public version of the decision has not yet been published, the (...)

The EU Commission fines a baseband chipset manufacturer for abusing its dominant position (Qualcomm)
Cleary Gottlieb Steen & Hamilton (Rome)
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Orrick, Herrington & Sutcliffe (Rome)
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On January 24, 2018, the European Commission announced that it had fined Qualcomm EUR 997,439,000. The Commission thinks that Qualcomm had abused its dominant (...)

The US District Court of California uses an economic approach to determine frand loyalty rates (TCL / Ericsson)
CRA International (Oakland)
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CRA International (San Francisco)
On November 8, 2017, Judge James Selna of the US District Court in the Central District of California issued a decision (published later on December 21st) in TCL v. Ericsson determining fair, reasonable, and non-discriminatory (FRAND) royalty rates for Ericsson’s standard essential patent (SEP) (...)

The Italian Competition Authority sanctions telecom companies for two different cases of abuse of dominance in the Italian market of SMS bulk (Telecom Italia / Vodafone)
University of Rome "La Sapienza"
On 13 December 2017, the Italian Competition Authority (“ICA”) fined Vodafone S.p.A. (“Vodafone”) and Telecom Italia S.p.A. (“Telecom”) for two different abuses of dominant position in the Italian market of SMS bulk, in breach of Article 102 TFUE. More specifically, the ICA has found two distinct (...)

The Italian Competition Authority fines several telecom companies for margin squeeze (Telecom Italia / Vodafone)
Van Bael & Bellis (Brussels)
On 13 December 2017, the Italian Competition Authority (“ICA”) fined Telecom Italia S.p.A. (“TIM”) and Vodafone Italia S.p.A. (“Vodafone”) € 3.7 million and € 5.8 million respectively for abusing their dominant position on the market for wholesale bulk SMS services. The ICA considered that each mobile (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a company in the market for wireless telecommunications services and holds that financial strength does not by itself constitute dominance (Reliance Jio Infocomm)
Vaish Associates Advocates (New Delhi)
CCI closes allegations of abuse of dominance against Reliance Jio* CCI vide its orders dated June 9, 2017 and June 15, 2017 closed allegations of abuse of dominant position against Reliance Jio Infocomm Limited (RJIL). The Informant in the first case was Bharti Airtel Limited (Airtel) and the (...)

The Indian Competition Authority clears dominant mobile messaging service from abuse of dominance allegations (Fight for Transparency Society / WhatsApp)
Vaish Associates Advocates (New Delhi)
CCI closes allegation of abuse of dominance against WhatsApp* CCI vide its recent order dated June 01, 2017 has closed an allegation of abuse of dominant position against popular message service WhatsApp. The complaint against WhatsApp was filed by an individual Vinod Kumar Gupta on behalf of (...)

The Russian Competition Authority sends a warning to a multinational technology company suspected of abuse of dominance (Apple)
Russian Federal Antimonopoly Service (Moscow)
FAS issued a warning to “Apple Rus” Ltd.* By 1 May 2017 the company should open a unified service centre in the Russian Federation On 20 February 2017, the FAS Commission investigated a case against “Apple Rus” Ltd. According to a statement received by FAS, in 2016 service centres failed to (...)

The EU Court of Justice publishes details of a request by a Portuguese Court for a preliminary ruling regarding discriminatory pricing (Serviços de Comunicações e Multimédia)
Van Bael & Bellis (Brussels)
On 16 January 2017, details of a request by a Portuguese court for a preliminary ruling from the Court of Justice of the European Union (“ECJ”) were published in the Official Journal on questions relating to abusive discriminatory pricing under Article 102(c) TFEU. The request was issued in (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s dismissal of abuse of dominance allegations against global telecom provider in the market for international roaming services (Vishwambhar Marutirao Doiphode / Vodafone India)
Vaish Associates Advocates (New Delhi)
COMPAT upholds CCI order dismissing abuse of dominance allegation against Vodafone* COMPAT by its order dated August 16, 2016 has upheld order of CCI whereby it declined to order an investigation into the allegations of abuse of dominance by Vodafone India for levying exorbitant charges for (...)

The Croatian Competition Authority refuses to open infringement proceedings on the market of telecommunications equipment because the alleged infringer does not hold a dominant position (Ericsson NT)
Croatian Competition Agency (Zagreb)
Ericsson Nikola Tesla: Initiative for abuse of dominance dismissed* The Croatian Competition Agency (CCA) dismissed the initiative for the initiation of the infringement proceedings for the establishment of abuse of a dominant position against the undertaking Ericsson Nikola Tesla (Ericsson (...)

The Bulgarian Competition Authority fines for the first time a company for an abuse of stronger bargaining position (Siemens)
Mondelez (Sofia)
On 26 May 2016 the Bulgarian Commission on Protection of Competition sanctioned Siemens Bulgaria for abuse of stronger bargaining position as per the new Article 37a of the Bulgarian Protection on Competition Act. Siemens Bulgaria is a subsidiary of the corporation Siemens AG (Germany). The new (...)

The Paris Court of Appeal upholds the decision of the Competition Authority fining two mobile phone carriers for abuse of dominance (Orange / SFR)
Van Bael & Bellis (Brussels)
On 19 May 2016, the Paris Court of Appeal upheld the decision of the French Competition Authority (“FCA”) imposing a fine on the French telecoms operators Orange and SFR for having abused their dominant position in the mobile call termination market. The Court nevertheless granted the operators a (...)

The Turkish Competition Authority fines a company for false and misleading information (Türk Telekom)
Turkish Competition Authority (Ankara)
Turkish Competition Authority started an investigation regarding the price squeeze allegations against Türk Telekom in 2014. At the end of the investigation, it is concluded that behaviour of Türk Telekom did not infringe competition rules . However the TCA fined Türk Telekom for provision of (...)

The French Competition Authority fines a mobile carrier for abuse of dominance in the business market (Orange)
French Competition Authority (Paris)
The Autorité de la concurrence fines Orange 350 million euros for having abusively hindered the development of competition in the business market since the early 2000s. The Autorité also takes action to restore market competition for the benefit of business clients* In brief After complaints (...)

The French Competition Authority imposes € 350 million fine on a company for discriminatory conduct (Orange)
Van Bael & Bellis (Brussels)
On 17 December 2015, the French competition authority (“FCA”) imposed a fine of € 350 million on Orange for abusing its dominant position on the markets for fixed and mobile telecommunications services. In relation to fixed services, Orange was found to have engaged in discrimination against (...)

The French Competition Authority fines a telecommunications company for implementing abusive practices on the “business” market (SFR)
French Competition Authority (Paris)
The Autorité de la concurrence fines SFR and its subsidiary in La Réunion 10.7 million euros for implementing abusive practices on the “business” market.* In brief The Autorité de la concurrence issues today a decision in which it fines SFR and SRR, SFR’s subsidiary in La Réunion, a total of 10.7 (...)

The Düsseldorf Regional Court orders injunctive relief for infringement of standard-essential patents in the first German judgments after CJEU decision on FRAND (SISVEL / Haier)
Arnold Ruess (Düsseldorf)
On 3 November 2015, the Düsseldorf Regional Court has issued judgments against Haier Deutschland GmbH und die Haier Europe Trading SRL, entities of Chinese Qingdao Haier Group. The Court ordered them to cease and desist from and render account on past infringements as well as determined Haier’s (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against cable TV provider by TV station running news stories against State Government due to lack of evidence (Makkal TV / Tamil Nadu Arasu Cable TV)
Vaish Associates Advocates (New Delhi)
CCI closes case against Tamil Nadu Arasu Cable TV Corporation Ltd.* CCI by its order dated September 29, 2015 has closed the case against Tamil Nadu Arasu Cable TV Corporation (OP), for alleged indulging in unfair and discriminatory practices with regard to collection of carriage fee from (...)

The Mauritius Competition Authority places two mobile operators under scrutiny for alleged discriminatory pricing policy (Emtel / Orange)
Wallonia-Brussels Trade Commission - AWEX (Johannesburg)
Mauritius Competition watchdog places mobile operators under scrutiny* Investigation by the CCM into allegedly discriminatory mobile pricing policies by the two main operators in the island nation of about 1.2 Million. On 27 August 2015, the Competition Commission of Mauritius (“CCM”) announced (...)

The English High Court awards the claimant in an abuse of dominance case an injunction to prevent a service being discontinued (Packet Media / Telefónica)
Simmons & Simmons (London)
The English High Court has awarded the claimant in an abuse of dominance case an injunction to prevent a service being discontinued - once the claim had been amended over the weekend after an unfinished hearing. In brief Working through the weekend proved worthwhile for Packet Media Limited (...)

The Finnish Competition Authority welcomes the judgement of the EU Court of Justice clarifying the position of standard-essential patent holders from the perspective of competition law (Huawei / ZTE)
Finnish Competition and Consumer Authority (Helsinki)
The Court of Justice of the European Union has clarified the position of standard-essential patent holders from the perspective of competition law* On Thursday 16 July, the Court of Justice of the European Union gave a judgment on the relationship between patent law and competition law. The (...)

The EU Court of Justice holds standard-essential patent owner can abuse its position by seeking to enjoin infringement (Huawei / ZTE)
Constantine Cannon (Washington)
European Court Of Justice Holds Standard-Essential Patent Owner Can Abuse Its Position By Seeking To Enjoin Infringement* The European Court of Justice ruled today that the owner of a standard-essential patent abuses its dominant position when it seeks an injunction in an action for patent (...)

The EU Court of Justice rules on the seeking of injunctions in the context of standard-essential patents encumbered by FRAND in the technology sector (Huawei / ZTE)
Norton Rose Fulbright (Brussels)
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McDermott Will & Emery (Brussels)
THE EUROPEAN UNION’S HIGHEST COURT RULES ON STANDARD-ESSENTIAL PATENTS INJUNCTIONS AND ABUSE OF DOMINANCE* The long-awaited ruling on the seeking of injunctions in the context of standard-essential patents encumbered by fair, reasonable, and non-discriminatory (FRAND) terms has been delivered (...)

The EU Court of Justice sets out specific requirements with which an SEP holder needs to comply to be able to seek an injunction without abusing its dominant position (Huawei / ZTE)
White & Case (Brussels)
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White & Case (Brussels)
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Preu Bohlig & Partner (Hamburg)
Standards lie at the heart of the digital economy – without standards, we would not have smartphones, tablets and other key parts of modern life. Europe’s highest court recently delivered a judgment in Huawei v. ZTE explaining when EU competition law will prevent holders of patents that are (...)

The EU Court of Justice rules on the circumstances in which a presumptively dominant SEP holder who has given a FRAND commitment may seek injunctive relief (Huawei / ZTE)
Quinn Emanuel Urquhart & Sullivan (Brussels)
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Quinn Emanuel Urquhart & Sullivan (Brussels)
The application of competition law to standard essential patents (SEPs) has been the subject of significant debate. The latest instalment was provided by the Court of Justice on 16 July 2015 with its much-anticipated preliminary ruling in Huawei v. ZTE, which concerns the circumstances in which (...)

The EU Court of Justice sets out specific requirements with which a SEP holder needs to comply to be able to seek an injunction without abusing its dominant position (Huawei / ZTE)
A patent is an exclusive right granted to an inventor for disclosing to the public an innovative technical solution. It does not necessarily oblige the patent owner to exploit that invention. Rather, it provides the right to exclude others from making, using, selling, offering for sale, or (...)

The EU Court of Justice confirms practical steps to be taken by standard essential patent holders before seeking injunctions (Huawei / ZTE)
Norton Rose Fulbright (London)
Synopsis The Court of Justice of the European Union has ruled that the holder of a Standard Essential Patent that has committed to license its Standard Essential Patent on FRAND terms may be found in breach of the competition rules (Article 102 TFEU) by seeking an injunction against a (...)

The French Competition Authority obtains commitments from an owner of mobile operators pylons limiting the duration of new hosting contracts to 10 years (TDF)
French Competition Authority (Paris)
The Autorité de la concurrence obtains from TDF an improvement of the hosting contracts binding it to the mobile operators that use its pylons* In the scope of proceedings initiated before the Autorité de la concurrence by FPS Towers (hereinafter FPS), TDF commits to limiting the duration of new (...)

The Bulgarian Competition Authority fines three power distribution companies for abusing their dominant market positions by imposing excessive prices to cable operators (CEZ / EVN / Energo-pro)
Mondelez (Sofia)
On May 27, 2015 the Bulgarian Commission for Protection of Competition adopted three separate decisions imposing sanctions on each of the three power distribution companies, and namely CEZ Distribution Bulgaria AD , EVN Bulgaria Electrical Distribution AD and ENERGO-PRO Grids AD for abusing (...)

The Russian Competition Authority wants to eliminate excessive barriers for access of communications providers to residential houses
Russian Federal Antimonopoly Service (Moscow)
FAS intends to eliminate excessive barriers for access of communications providers to residential houses* The Expert Council of the Federal Antimonopoly Service (FAS Russia) on Communications held a session on 26th May 2014. It focused on judicial practice with regard to access of (...)

The Ningxia Administration for Industry and Commerce suspends an abuse of dominance investigation after receiving commitments from the companies (China Tietong / China Unicom / China Telecom)
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
Tied sales of landline telephone services investigated in Ningxia* The SAIC reported that, on 15 May 2015, the Administration for Industry and Commerce in the Ningxia Hui Autonomous Region (Ningxia AIC) suspended its antitrust investigation of the Ningxia branches of China Tietong, China (...)

The French Competition Authority launches a market inquiry relating to remedies proposed by the owner of pylons in the mobile market (TDF)
French Competition Authority (Paris)
TDF proposes to reduce the length of contracts and ease the conditions for early termination in the contracts of mobile operators using its pylons for the installation of their antennas.The Autorité de la concurrence launches a market test on these proposals.* Within the scope of litigation (...)

The Slovenian Competition Authority holds that the incumbent telecom operator abused its dominant position by refusing access to network (Telekom Slovenije)
European Commission (Brussels)
Telekom Slovenije Abuses its Dominant Position by Refusing Access to Network* On 2 February 2015, the Slovenian Competition Protection Agency (CPA) concluded that Telekom Slovenije (Telekom), the incumbent telecom operator, abused its dominant position on the wholesale markets for broadband (...)

The Slovenian Competition Authority sanctions a telecom company for abuse of dominance on the wholesale markets for broadband bit-stream access and for access to physical network infrastructure (Telekom Slovenije)
Slovenian Competition Authority (Ljubljana)
Slovenian Competition Protection Agency concluded with the assessment of abuse of dominant position by Telekom Slovenije* Slovenian Competition Protection Agency (CPA) has concluded with the assessment of abuse of dominant position by Telekom Slovenije (Telekom) and determined that the (...)

The Court of Almaty finds legal the decisions of Kazakhstan Antimonopoly Agency against a cellular operator based on its abuse of dominance in the market (JSC Kcell)
Center for Development and Protection of Competition Policy (Astana)
Facts JSC KCELL is registered with the State Register of dominants/mpnopolists, within the geographic boundaries of the Republic of Kazakhstan by «cellular services» type of activity in the aggregate proportion of over 50% with «KaR-Tel» LLP. The Agency of the Republic of Kazakhstan for (...)

The EU Parliament passes a resolution calling on the Commission to unbundle search engines from other commercial services (Google)
Ashurst (Milan)
EU Parliament passes resolution calling on the Commission to unbundle [Google’s] search engines from other commercial services* On 27 November 2014 the European Parliament has passed a non-binding resolution, which called on the Commission to “properly enforce the EU competition rules in order (...)

The Advocate General Whatelet holds that the fact that a company owns a standard-essential patent does not necessarily mean that it holds a dominant position (Huawei / ZTE)
AnJie Law (Beijing)
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AnJie Law (Beijing)
Huawei vs. ZTE - The Advocate General Has Spoken* Background On April 5, 2013, the Landgericht Düsseldorf (a German regional court) referred a set of questions relating to injunctive relief over standard-essential patents (“SEPs”) to the European Court of Justice (“ECJ”) in connection with a (...)

The Indian Competition Authority issues an order on the emerging jurisprudence of interface between intellectual property and competition law (HT Media / Super Cassettes)
Jindal Global University (Sonipat)
On October 1, 2014, Competition Commission of India (CCI) gave its final order on a yet another case making some vital contributions to the shaping of the law on the emerging jurisprudence of interface between intellectual property and competition law regimes in India. While this case sets a (...)

The Netherlands Competition Authority fines a company for having abused of its dominance, inter alia, by refusing to inform in advance competitors that use its network about what services it will offer to its own business customers (KPN)
Netherlands Authority for Consumers & Markets (The Hague)
KPN fined for putting competitors at a disadvantage with regard to its business call-forwarding service* Dutch telecom company KPN is required to inform in advance competitors that use its network about what services KPN will offer to its own business customers. In addition, KPN must in a (...)

The EU Court of Justice reiterates that effective judicial protection is a general principle of law and finds no error in the examination of the evidence related to abuse of dominance in the telecom sector (Telefónica)
European Ombudsman (Strasbourg)
Case C-295 P Telefónica SA v Commission: the EU judicature’s unlimited jurisdiction in competition cases* The Court of Justice (“CoJ”) handed down its judgment in a very interesting abuse of dominance case, namely Case C-295/12 P Telefónica SA v Commission on 10 July 2014. The judgment deals with (...)

The Tokyo District Court denies a claim of abuse of dominance in the optical fiber data service market (SB / NTT)
Norton Rose Fulbright (Brussels)
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Anderson Mori & Tomotsune (Tokyo)
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Anderson Mori & Tomotsune (Tokyo)
I. Introduction On 19 June 2014, the Tokyo District Court (“Court”) denied SB’s challenge that NTT (i) abused its superior bargaining position or (ii) engaged in unjust refusal, by bundling optical fibre data services and only allowing SB to lease fibre circuits in a bundle of eight . The Court (...)

The French Competition Authority fines a mobile phone operator and its subsidiary for implementing discriminatory prices for calls to its competitors’ networks in the overseas territory market (SFR / SRR)
French Competition Authority (Paris)
The Autorité de la concurrence fines SFR and its subsidiary in La Réunion SRR nearly 46 million euros.* The Autorité de la concurrence has today issued a decision whereby it has imposed a fine of 45.9 million euros against SFR and its subsidiary in La Réunion SRR, for having implemented and (...)

The IP High Court of Japan considers the enforceability of a standard-essential patent after FRAND declaration (Apple / Samsung)
Fukami Patent Office (Osaka)
Japan IP High Court Decisi on of Samsung vs. Apple - Enforceability of Standard Essential Patent after FRAND declaration- * On May 16, 2014, the Grand Panel of the Japan IP High Court delivered a judgement in Samsung Electronics Co., Ltd. vs. Apple Japan LLC concerning three consolidated (...)

The Lazio Administrative Court upholds a fine of €103.8 million for abuse of dominant position in the telecom sector (Telecom Italia)
Van Bael & Bellis (Brussels)
On 8 May 2014, the Lazio Administrative Court (LAC) handed down its judgment upholding the decision of the Italian Competition Authority (ICA) of 9 May 2013, which had imposed a fine of approximately €103.8 million on Telecom Italia for abuse of a dominant position on the Italian (...)

The Russian Competition Authority issues a warning against a cellular operator prohibiting abuse of dominance (MTS)
Russian Federal Antimonopoly Service (Moscow)
FAS issued a warning to “MTS” OJSC prohibiting abuses of market dominance* The Federal Antimonopoly Service (FAS Russia) investigated a case upon elements of violating the antimonopoly law by “MTS” OJSC. The cellular operator prevented porting the numbers of the Federation Council of the Federal (...)

The Kenyan Competition Authority receives a complaint pushing for a full hearing in a case of abuse of dominance where the market rival of the applicant tried to negotiate a settlement (Safaricom)
Primerio (Washington)
Airtel Kenya requests probe of Safaricom for abuse of dominance in mobile money transfer market* Mobile payment wars heating up in Kenya Airtel Networks Kenya Limited (“Airtel”) has joined forces with Kenya-based Equity Bank to launch a similar mobile banking product, M-KESHO in July 2014 to (...)

The Moldovan Competition Authority investigates the pricing of postpaid mobile services by the incumbent operator (Moldtelecom)
University of Macau - Faculty of Law (Macau)
On 25 November 2011 the Moldovan Competition Authority (CC) received a complaint lodged by the mobile telecom company IM Moldcell SA alleging the existence of an abuse of dominant position on the mobile telecommunications market on the part of the incumbent telecom operator Moldtelecom SA. The (...)

The US DoJ issues statement as regards the closing of an investigation into the use of a portfolio of standards-essential patents on the pursuit of obtaining exclusion orders from the U.S. ITC relating to certain iPhone and iPad models (Samsung)
DLA Piper Weiss-Tessbach (Vienna)
U.S. DOJ closes its investigation of Samsung’s use of its SEPs* On February 7, 2014 the Department of Justice (“DOJ”) issued a statement declaring that it closed its investigation into Samsung Electronics Co. Ltd.’s (“Samsung”) use of its Standards-Essential Patent (“SEP”) portfolio to license (...)

The Competition Authority of Bosnia and Herzegovina following a repeated investigation prosecutes the incumbent telecom operator for obstructing access to its network (BH Telecom)
University of Macau - Faculty of Law (Macau)
On 6 February 2014 the Competition Authority of Bosnia and Herzegovina (KV) in a repeated investigation has established an abuse of dominant position committed by the incumbent telecom operator BH Telecom d.d. The KV has sanctioned the dominant operator for delaying the execution of (...)

The Moldovan Competition Authority investigates the alleged predatory pricing of mobile telecommunications services by the incumbent operator (Moldtelecom)
University of Macau - Faculty of Law (Macau)
On 17 June 2011 the Moldovan Competition Authority (CC) received a complaint lodged by the mobile telecom company IM Moldcell SA alleging the existence of an abuse of dominant position on the mobile telecommunications market on the part of the incumbent telecom operator Moldtelecom SA. The (...)

The Albanian Competition Authority asks to telecoms regulatory body and mobile operator for market adjustment without imposing fine and requiring commitments in a case of alleged abuse of dominance in the mobile telephony market (Vodafone Albania)
Electronic and Postal Communications Authority (Tirana)
Market playing rules can be compared to those of a soccer match in the sense that every wrong interference from a player worries the opponent but the foul punishment depends on the referee (in the case of competition the Antitrust body). The referee can decide whether not to punish at all, give (...)

The Paris Court of Appeal upholds the Competition Authority’s decision holding that direct access to telecom company subscribers is not an essential facility (Cogent Communications / France Télécom)
Herbert Smith Freehills (Paris)
Introduction At a time when cloud computing is changing the face of the Internet, the decision of the Paris Court of Appeal acts as a reminder that the Internet is primarily a matter of physical wires. In December 2013, the Court ruled on an appeal of a French competition authority (ADLC) (...)

The Turkish Competition Authority rules that leading GSM operator abused its dominant position in the GSM services used in vehicle tracking services by complicating its competitors’ activities via exclusive practices (Turkcell)
Enerjisa (Istanbul)
Leading GSM operator Turkcell fined TL 40 million for abuse of dominance as Council of State annulled the previous decision* According to the Turkish Competition Authority’s (TCA) press release, Turkcell, the leading GSM operator in Turkey, was fined approximately TL 40 million (USD 20 (...)

The Danish Competition Authority accepts commitments from domestic telecom company referring to margin squeeze practices (TDC)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council Accepts Commitments from Denmark’s Largest Broadband Provider* On 18 December 2013 the Danish Competition Council accepted commitments from the Danish telecom-incumbent TDC A/S on the basis of concerns that TDC A/S had potentially abused its dominant position on (...)

The Moldovan Competition Authority finds no dumping practices in the bundled packages on the telecommunications market (IM Sun Communications)
University of Macau - Faculty of Law (Macau)
On 5 December 2013 the Moldovan Competition Authority (CC) has confirmed the absence of dumping prices on the market for various telecommunications services (IPTV, fixed telephony and Internet). The no-infringement decision issued by the CC was based on the absence of anti-competitive effects (...)

The Slovenian Supreme Court annuls the Competition Authority’s infringement decision against telecom company for abuse of dominance in the market for the provision of mobile telecommunications services to end customers (Itak Džabest)
Fatur Law Firm (Ljubljana)
On 26 November 2013, the Supreme Court of the Republic of Slovenia ruled in case G 9/2012, Telekom Slovenije v. Slovenian Competition Protection Agency (hereinafter referred to as CPA). The Supreme Court annulled the CPA’s decision (Case 306-14/2009), which found anti-competitive conduct on the (...)

The Colombian Competition Authority reaffirms the country’s first serious fine in a case against a mobile telecommunications company for abuse of dominance (COMCEL / America Movil)
Cortazar Urdaneta (Bogota)
The case In November 2013 the Colombian competition authority (Superintendence of Industry and Commerce - SIC) decided the administrative appeal for review filed by COMCEL against the decision taken in September 2013 finding that between September of 2011 and March of 2012 the company had (...)

The Lisbon Court of Appeal states that the limitation period of a claim for damages caused by anticompetitive behaviour starts with the awareness of the facts by the claimant and not with the Competition Authority’s decision (ADSL)
Pares Advogados (Lisbon)
On 31 October 2013, the Lisbon Court of Appeal confirmed the decision of the Lisbon Court of First Instance, denying the appellant the right to claim compensation for the losses suffered due to abuse of dominant position by Portugal Telecom and ZON between 2002 and 2003, fined by the Portuguese (...)

The Court of Bosnia and Herzegovina quashes the no-infringement of the Competition Authority for the failure to conduct an efficient investigation (Telekomunikacije)
University of Macau - Faculty of Law (Macau)
On 12 October 2011 the Competition Authority of Bosnia and Herzegovina (KV) closed its investigation into the alleged abuse of dominant position on the part of the incumbent telecom operator Telekomunikacije RS a.d. The KV‘s investigation was prompted by a complaint lodged by an independent (...)

The South African Competition Authority receives a complaint against the dominant incumbent mobile operators concerning discriminatory pricing (Cell C / MTN / Vodacom)
Primerio (Washington)
South Africa’s mobile operators under attack for discriminatory “on-net” pricing* Cell C (one of South Africa’s top 3 mobile telecommunications providers) has filed a complaint against competitors MTN and Vodacom with the Competition Commission, according to its press statement dated October 9, (...)

The Moldovan Competition Authority investigates predatory pricing on the mobile telecommunications market (Orange Moldova)
University of Macau - Faculty of Law (Macau)
In 2011 the Moldovan Competition Authority (CC) received a complaint lodged by the incumbent telecom operator Moldtelecom SA alleging the existence of an abuse of dominant position on the mobile telecommunications market committed by IS Orange-Moldova SA. The applicant submitted that (...)

The Moldovan Competition Authority investigates the pricing of SMS/MMS services on the telecommunications market (Orange Moldova)
University of Macau - Faculty of Law (Macau)
On 12 July 2011 the Moldovan Competition Authority (CC) received a complaint lodged by the telecom operator IM Moldcell SA alleging the existence of an abuse of dominant position on the mobile telecommunications market committed by IS Orange-Moldova SA. The applicant submitted that (...)

Mergers

The EU Court of Justice rules that a restriction imposed by Italian law on acquisitions in the broadcasting and audiovisual sectors is contrary to EU Law (Vivendi / Mediaset)
Ashurst (Brussels)
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Ashurst (Milan)
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Ashurst (Brussels)
On 3 September 2020, the European Court of Justice ("ECJ") ruled that a restriction imposed by an Italian law on acquisitions in the broadcasting and audiovisual sectors is contrary to the fundamental EU law principle of the freedom of establishment enshrined in Article 49 of the Treaty on the (...)

The EU General Court annuls the Commission’s decision prohibiting an oligopolistic merger between two mobile network operators in the telecommunication sector on the basis that it did not result in the creation or strengthening of a dominant position (Telefónica UK / Hutchison 3G UK)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
On 28 May 2020 the General Court handed down its ruling in CK Telecoms UK Investment Ltd v European Commission (Case T-399/16) in which it annulled the EU Commission’s decision which prohibited the proposed acquisition by CK Hutchison Holdings Ltd (Hutchison) of Telefónica Europe plc (O2). The (...)

The Hungarian Competition Authority reopens a previously approved acquisition between two telecommunication players on the basis that the parties submitted false and misleading data during the notification and approval procedure (Invitel / GVH)
Bird & Bird (Budapest)
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Bird & Bird (Budapest)
The Hungarian Competition Authority (GVH) finally approved the acquisition of Invitel by DIGI, both significant players on the Hungarian telecoms market. However, with with a complex remedies package as published on 18 March 2020 (Vj/42/2018). As we already reported, the approval of the merger (...)

The EU Commission unconditionally approves proposed acquisition of joint control in the telecommunications market (Prosegur Alarmas / Telefónica / Prosegur)
DG COMP (Brussels)
Mergers: Commission approves acquisition of joint control over Prosegur Alarmas by Telefónica and Prosegur* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of joint control over Prosegur Alarmas by Telefónica and Prosegur. The (...)

The Croatian Competition Authority clears a merger in the pay television transmission services market (Slovenia Broadband / Tele2)
Croatian Competition Agency (Zagreb)
Slovenia Broadband and Tele2 merger approved* In the assessment procedure of the concentration between the undertakings Slovenia Broadband and Tele2 the CCA took into account all relevant facts, the results of the legal and economic analysis and the effects of the vertical concentration on (...)

The German Competition Authority conducts parallel investigation into potential for cartelization and merger review proceedings resulting in a conditional approval of the joint venture (Telekom / EWE)
Van Bael & Bellis (Brussels)
Telekom and EWE, two of Germany’s largest telecommunications companies, sought to form a joint venture (JV) to expand the fire-optic broadband network in north-western Germany. On 21 March 2019, the German Federal Cartel Office (FCO) launched two sets of parallel proceedings: an investigation (...)

The German Competition Authority clears the plans of telecommunications companies to jointly expand and operate fiber-optic networks (Telekom Deutschland / EWE)
Bird & Bird (Dusseldorf)
The German Federal Cartel Office (“FCO”) has cleared the plans of Telekom Deutschland GmbH and EWE AG to jointly expand and operate fiber-optic networks in parts of North West Germany. This is a landmark decision by the FCO in relation to the expansion of fiber optic networks in Germany, (...)

The French Competition Authority decides to not renew remedies previously imposed to clear a merger in the telecommunications sector (SFR / Altice)
French Competition Authority (Paris)
Acquisition of SFR by Altice: the Autorité de la concurrence will not renew the commitments and maintains certain injunctions* Given changes to the markets, the Autorité de la concurrence will not renew the commitments made by Altice upon acquiring SFR. However, the injunctions with penalty (...)

The EU Commission clears a merger subject to remedies in the telecommunication market (Vodafone / Liberty Global)
DG COMP (Brussels)
Mergers: Commission clears Vodafone’s acquisition of Liberty Global’s cable business in Czechia, Germany, Hungary and Romania, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition by Vodafone of Liberty Global’s cable business in (...)

The EU General Court rejects a legal challenge to conditional clearance of a joint venture in the wholesale provision of premium pay-TV sports channels market (Vodafone / Liberty Global)
Van Bael & Bellis (Brussels)
On 23 May 2019, the General Court of the European Union (“GC”) rejected a legal challenge brought against the European Commission’s (“Commission”) conditional clearance of the Liberty Global / Vodafone joint venture in the Netherlands by rival KPN (see VBB on Competition Law, Volume 2016, No. 8). (...)

The EU Commission opens an in-depth investigation regarding a merger in the audiovisual sector (Telia / Bonnier Broadcasting)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into Telia Company’s proposed acquisition of Bonnier Broadcasting* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Bonnier Broadcasting by Telia Company under the EU Merger Regulation. The (...)

The EU Commission opens an in-depth investigation concerning a merger in the Dutch retail mobile telecommunications market (Tele2 / T-Mobile)
DG COMP (Brussels)
MERGERS: COMMISSION OPENS IN-DEPTH INVESTIGATION INTO PROPOSED ACQUISITION OF TELE2 NL BY T-MOBILE NL IN THE NETHERLANDS* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Tele2 NL by T-Mobile NL under the EU Merger Regulation. The Commission is (...)

The EU Commission clears a merger subject to remedies in the telecommunication market (Telecom Italia / Vivendi)
DG COMP (Brussels)
MERGERS: COMMISSION APPROVES VIVENDI’S ACQUISITION OF TELECOM ITALIA, SUBJECT TO CONDITIONS* The European Commission has approved the acquisition of de facto control over Telecom Italia by Vivendi. The decision is conditional on the divestment of Telecom Italia’s stake in Persidera. Telecom (...)

The EU Commission clears a merger subject to remedies in the identity and security solutions market (Morpho / Advent International)
DG COMP (Brussels)
MERGERS: COMMISSION CLEARS ACQUISITION OF SMART CARD MAKER MORPHO BY ADVENT INTERNATIONAL, SUBJECT TO CONDITIONS* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of identity and security solutions provider Morpho, based in France, by Advent (...)

The Dutch Competition Authority clears a merger in the telecommunication market (Vodafone Thuis / T-Mobile)
Netherlands Authority for Consumers & Markets (The Hague)
ACM CLEARS ACQUISITION OF VODAFONE THUIS BY T-MOBILE* Telecom provider T-Mobile is allowed to acquire the fixed-telecom division of Vodafone Netherlands. Vodafone has branded this division ‘Vodafone Thuis,’ which offers services for fixed telephony, TV, and internet. The Netherlands Authority (...)

The French Competition Authority fines €80 million a multinational telecom company for the premature completion of two mergers (Altice & SFR / OTL)
French Competition Authority (Paris)
The Autorité de la concurrence fines the Altice group 80 million euros for the premature completion of two mergers notified in 2014* The Autorité de la concurrence issued a decision today to fine jointly Altice Luxembourg and SFR Group 80 million euros, in application of Section II of Article (...)

The EU Commission conditionally clears the creation of a joint venture between two mobile telecom operators (Vodafone / Liberty Global)
Van Bael & Bellis (Brussels)
On 3 August 2016, the European Commission conditionally cleared the creation of a joint venture between mobile telecom operator Vodafone and cable company Liberty Global in the Netherlands. The joint venture will offer unified communications services and will compete with KPN, the only other (...)

The EU Commission clears a merger, subject to remedies, in the telecommunication market and rejects a referral request issued by the Dutch competition authority (Vodafone / Liberty Global)
DG COMP (Brussels)
MERGERS: COMMISSION CLEARS VODAFONE/LIBERTY GLOBAL TELECOMS JOINT VENTURE, SUBJECT TO CONDITION; REJECTS REFERRAL REQUEST BY DUTCH COMPETITION AUTHORITY * The European Commission has cleared under the EU Merger Regulation the proposed creation of a joint venture in the Netherlands by mobile (...)

The Chinese MOFCOM releases a company from conditions previously imposed in an e-commerce merger (Wal-Mart / Yihaodian)
China Competition Bulletin (Beijing)
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University of Melbourne
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University of Melbourne
On 30 May 2016, the MOFCOM decided to release Wal-Mart from the conditions that it had imposed on Wal- Mart’s acquisition of Yihaodian in 2012. Wal-Mart had applied for release from these conditions in July 2015. When the MOFCOM conditionally approved Wal-Mart’s acquisition in 2012, the (...)

The EU Commission pursues its in-depth investigation on a merger in the mobile telecommunications services market without referral to the UK NCA (Hutchison / Telefónica UK)
DG COMP (Brussels)
MERGERS: COMMISSION CONTINUES INVESTIGATION OF HUTCHISON 3G / TELEFÓNICA UK MERGER WITHOUT REFERRAL TO UK* Commission does not refer investigation of Hutchison/Telefónica UK merger to UK The European Commission has decided not to refer the planned acquisition of Telefónica UKby Hutchison to the (...)

The EU Commission opens an in-depth investigation concerning a merger in the mobile telecommunications market (Hutchison / Telefónica UK)
DG COMP (Brussels)
MERGERS: COMMISSION OPENDS IN-DEPTH INVESTIGATION INTO HUTCHISON’S PROPOSED ACQUISIITON OF TELEFÓNICA UK* The European Commission will investigate in-depth Hutchison’s takeover of Telefónica UK. The European Commission has opened an in-depth investigation under the EU Merger Regulation to assess (...)

The French Competition Authority clears an acquisition in the overseas’s mobile telecom market (Iliad / Hiridjee)
French Competition Authority (Paris)
THE AUTORITÉ DE LA CONCURRENCE CLEARS THE ACQUISITION OF JOINT CONTROL OF OUTREMER TELECOM’S MOBILE ACTIVITIES BY ILIAD ALONGSIDE HIRIDJEE* The Autorité de la concurrence has reviewed the acquisition by Iliad of 50% of the capital of the company Telecom Reunion Mayotte, which will henceforth be (...)

The EU Commission opens an in-depth investigation regarding a takeover in the mobile phone retail market (Liberty Global / BASE)
DG COMP (Brussels)
MERGERS: COMMISSION OPENS IN-DEPTH INVESTIGATION INTO PROPOSED ACQUISITION OF BASE BELGIUM BY LIBERTY GLOBAL* The European Commission will investigate in-depth the Liberty Global/BASE Belgium takeover. The European Commission has opened an in-depth investigation under the EU Merger Regulation (...)

The EU Commission clears a merger beetwen two mobile network equipment manufacturers (Nokia / Alcatel-Lucent)
DG COMP (Brussels)
MERGERS: COMMISSION APPROVES NOKIA’S ACQUISITION OF ALCATEL-LUCENT* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Alcatel-Lucent by Nokia. Both companies are global providers of telecommunications equipment and related services. The Commission (...)

The EU Commission clears an international telecom’s merger subject to conditions of another national telecom (Orange / Jazztel)
European Commission (Brussels)
,
DG COMP (Brussels)
,
DG COMP (Brussels)
Orange/Jazztel: Convergence meets Consolidation in the Spanish Telecoms Sector* In a nutshell: The Orange/Jazztel transaction takes place in a market that tipped toward fixed-mobile multiple play offers. The forward-looking analysis included an assessment of the parties’ likely future roll-out (...)

The EU Commission clears a merger subject to remedies in the retail markets involving fixed internet access services (Orange / Jazztel)
DG COMP (Brussels)
Commission clears acquisition of Jazztel by Orange, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Jazztel plc, a telecommunications company registered in the UK but mainly active in Spain, by rival Orange SA of France. (...)

The Finnish Competition Authority clears a merger subject to remedies in the telephone and data communications services markets (Elisa Oyj / Anvia Oyj)
Finnish Competition and Consumer Authority (Helsinki)
THE FINNISH COMPETITION AND CONSUMER AUTHORITY (FCCA) GIVES CONDITIONAL ACCEPTANCE OF ACQUISITION OF ANVIA BY ELISA* The FCCA has today accepted conditionally the transaction whereby Elisa Oyj will gain control over Anvia Oyj. The conditions relate to broadband services on a landline network (...)

The French Competition Authority clears, subject to remedies, a merger in the mobile virtual networks market (Virgin Mobile / Numericable)
French Competition Authority (Paris)
The Autorité de la concurrence clears Virgin Mobile’s acquisition by Numericable* The Autorité de la concurrence has cleared the acquisition of Omer Telecom Limited (“OTL”) by Numericable. OTL is a virtual mobile phone operator operating under the Virgin Mobile brand. This decision takes place (...)

The Ukranian Antimonopoly Committee intends to reconsider its decision granting merger clearance on the telecommunication technologies market (Kyivstar)
Arzinger (Kiev)
Antitrust authority of Ukraine intends to reconsider its decision granting merger clearance on the telecommunication technologies market of Ukraine* In early November 2014 the Antimonopoly Committee of Ukraine made a statement, announcing that it was going to reconsider its position on the (...)

The French Competition Authority clears, subject to remedies, an acquisition in the high-speed broadband access market (SFR / Numéricable)
French Competition Authority (Paris)
The Autorité de la concurrence gives conditional clearance to the acquisition of SFR by Numericable, an Altice subsidiary. * Among the commitments discussed and negotiated with the Autorité de la concurrence, Numericable commits to give competitors (internet service providers, MVNO) access to (...)

The EU Commission approves without commitments an acquisition in the information technology sector (Facebook / WhatsApp)
Squire Patton Boggs (Brussels)
EU Commission approves Facebook’s acquisition of WhatsApp* On 3 October 2014, the European Commission of the European Union (the “Commission”) approved the acquisition without any commitments. After the approval of the acquisition of Skype by Microsoft in 2011 and of the acquisition of Nokia by (...)

The French Competition Authority opens in-depth investigation on an acquisition in the telecom market (Altice Group / SFR)
French Competition Authority (Paris)
The Autorité de la concurrence has decided to open an in-depth investigation into the acquisition of SFR by the Altice Group* On 4 June 2014, the Numericable Group, a subsidiary of the Altice Group, filed a merger notification to the Autorité de la Concurrence relating to its plan to acquire SFR (...)

The Netherlands Competition Authority finds that the proposed acquisition may lead to restrictions for other companies on the use of the fiber-optic cable network (KPN / Reggefiber)
Netherlands Authority for Consumers & Markets (The Hague)
Further investigation needed into planned acquisition of Reggefiber by KPN* The Netherlands Authority for Consumers and Markets (ACM) will launch a more detailed investigation into the planned acquisition of Dutch fiber-optic company Reggefiber by Dutch telecom provider KPN. In 2008, ACM (...)

The South African Competition Commission awaits notification of a merger in the telecom sector (Vodacome / Neotel)
Primerio (Washington)
Telecom adversaries to remain “principled” in their competing bids for 4G spectrum* The telecoms are at it again, and MTN and Vodacom find themselves close together once more. Last October, we reported on their being jointly targeted by competitor Cell C for predatory “on-net” pricing. Today, (...)

The Australian Competition and Consumer Commission does not oppose a proposed acquisition in the market for the supply of fixed line broadband services (TransACT Capital Communications / NBN)
Australian Competition and Consumer Commission (Canberra)
ACCC to not oppose NBN Co’s proposed acquisition of TransACT’s fibre to the premises network* The Australian Competition and Consumer Commission will not oppose the proposed acquisition of TransACT Capital Communications Pty Ltd’s (TransACT) fibre to the premises network (TransACT FTTP network) (...)

The New Zealand Commerce Commission receives an application seeking clearance to acquire the management rights to 700 MHz radio spectrum (Vodafone)
New Zealand Commerce Commission (Wellington)
Press releases published on New Zealand Commerce Commission Vodafone seeks clearance to acquire radio spectrum* The Commerce Commission has received an application from Vodafone New Zealand Limited seeking clearance to acquire the management rights to 700 MHz radio spectrum. The Crown is (...)

Procedures

The EU Court of Justice hands down a preliminary ruling on the division of competences between national competition authorities and the EU Commission as well as clarifying the application of the rules on double jeopardy (Slovak Telekom)
Ashurst (Brussels)
On 25 February 2021, the European Court of Justice handed down a preliminary ruling on the division of competences between national competition authorities ("NCA"s) and the Commission in the context of concurrent proceedings, also providing guidance on the application of the rules on double (...)

The High Court of Delhi sides with the Indian Competition Authority and resolves the jurisdictional issue between the latter and the Intellectual Property Rights Authorities under the Patents Act (Monsanto)
Hidayatullah National Law University (Raipur)
Following the appeal made against several orders of Competition Commission of India (“CCI”) by Monsanto Holdings Pvt. Ltd. (“MHPL”), the Delhi High Court on 20th May, 2020 handed down the judgement of MHPL & Ors. v. CCI, clarifying mainly the jurisdictional issues between the IPR authorities (...)

The French Competition Authority can access data of electronic communication operators in order to investigate anticompetitive practices
French Competition Authority (Paris)
The Autorité de la concurrence will now be able to access the data of electronic communication operators* The PACTE Law for the Growth and Transformation of Companies of 22 May 2019, has given the Autorité de la concurrence new power to investigate anticompetitive practices. The law now allows (...)

The Italian Competition Authority signs a memorandum of understanding with the Italian Communication Authority concerning several aspects of their cooperation in the application of the rules to protect the consumer in electronic communications markets
McDermott Will & Emery (Paris)
Unfair Commercial Practices – The Italian Competition Authority and The Italian Communication Authority Sign a Memorandum of Understanding* On 13 January 2017, the Italian Competition Authority (AGCM) and the Italian Communication Authority (AGCOM) signed a memorandum of understanding (...)

The Supreme People’s Court of China dismisses retrial application of alleged abuses of market dominance (Mr Tong / Shanghai branch of China Mobile)
Hogan Lovells (Beijing)
,
University of Melbourne
,
China Competition Bulletin (Beijing)
On 28 November 2016, the Supreme People’s Court (SPC) dismissed a petition for retrial brought by Mr Tong Hua against the Shanghai branch of China Mobile for its alleged abuse of market dominance. This case had already been before the Shanghai IntermediatePeople’s Court twice and the Shanghai (...)

The Czech Supreme Administrative Court clarifies rules for determining limitation period for imposition of fines for continuous offences (Price Plans)
Skils (Prague)
On 15 April 2015, the Supreme Administrative court cancelled the previous judgment of the Regional Court in Brno which rejected claim against penalty imposed upon O2 Czech Republic (or rather its predecessor) for an abuse of dominant position. Both judgments relate to a case with long history (...)

The England Court of Appeal remits the matter of rate card price in the pay TV market to the CAT for failure to address Ofcom’s competition concerns in detail (British Sky Broadcasting)
Blackstone Chambers (London)
Pay TV: Court of Appeal sends message to the CAT* In its recent decision in British Sky Broadcasting Ltd v Office of Communications [2014] EWCA Civ 133 the Court of Appeal has sent a strong message to the CAT, criticising the Tribunal for its failure to properly consider the reasons (...)

The Dutch Competition Authority allows blocking certain internet services onboard trains of the national railway company as an exception from the net neutrality rule (T-Mobile)
Netherlands Authority for Consumers & Markets (The Hague)
Telecom company T-Mobile is allowed to restrict free internet access on board trains* The Netherlands Authority for Consumer and Markets (ACM) has concluded that Dutch telecom company T-Mobile is allowed to block certain services such as YouTube and Spotify on the free Wi-Fi-network on board (...)

Regulatory

The French Competition Authority issues an opinion on the analysis of the fixed broadband and superfast broadband wholesale markets
French Competition Authority (Paris)
The Autorité de la concurrence has issued an opinion to Arcep as part of the cycle of analysis of the fixed broadband and superfast broadband wholesale markets* Background Arcep requested the opinion of the Autorité de la concurrence on five draft decisions adopted by Arcep as part of the sixth (...)

The New Zealand Competition Authority releases a paper on fibre price-quality and information disclosure regulation
New Zealand Commerce Commission (Wellington)
Proposed approach to fibre regulation released* The Commerce Commission has today released its first paper for fibre price-quality and information disclosure regulation. This paper sets out the proposed process and approach to regulating telecommunications companies that provide fibre access (...)

The Romanian Government launches a draft law on the authorisation of 5G technology manufacturers with the potential exclusion of certain foreign businesses based on national security grounds resulting in decreased competition in an already oligopolistic market
Maravela, Popescu & Asociatii (Bucharest)
1. Background The Ministry of Transportation, Infrastructure and Communications launched on August 4, 2020 a draft law on measures relating to information and communication infrastructures of national interest and the conditions for the implementation of 5G networks (the “Draft Law”). The Draft (...)

The New Zealand Competition Authority releases draft guidance on its approach to unbundling fibre services from local fibre companies on acceptable terms and prices for broadband retailers
New Zealand Commerce Commission (Wellington)
Draft guidance released on Commission’s approach to unbundled fibre* The Commerce Commission has released draft guidance to help the telecommunications industry understand its approach to monitoring and enforcing obligations on Chorus and the other local fibre companies (LFCs) to allow (...)

The Polynesian Competition Authority issues an opinion on the functioning of the telecommunication services
Polynesian Competition Authority (Papeete)
Opinion n°2017-A-02 dated September the 22th 2017 dealing with the requests from Viti and Pacific Mobile Telecom companies for prior administrative authorizations required to provide telecommunications services to the public in French Polynesia* In response to requests from Viti and Pacific (...)

The French Competition Authority issues an opinion to the Electronic Communications Authority concerning the fixed broadband and superfast broadband wholesale markets
French Competition Authority (Paris)
The Autorité de la concurrence issues an opinion to ARCEP (France’s Electronic Communications and Postal Regulatory Authority), in the framework of the fifth cycle of analysis of the fixed broadband and superfast broadband wholesale markets.* The Autorité de la concurrence agrees with most of (...)

The UK Supreme Court considers Article 20 of the EU Framework Directive and finds no justification for the Court of Appeal to set aside the analysis of the CAT as regards ladder pricing in wholesale termination charges for certain non-geographic telephone numbers (BT / Telefónica O2)
Blackstone Chambers (London)
Dogma in telecoms, cream for the CAT: 08- numbers in the Supreme Court* The Supreme Court handed down on 9 July 2014 its judgment in British Telecommunications plc v Telefónica O2 UK Ltd & Ors [2014] UKSC 42. Reversing the decision of the Court of Appeal (blogged on here by Emily Neill), (...)

The Australian Federal Court decides that the Competition Authority cannot hear or determine disputes on agreed terms and conditions in relation to network access charges leading the Authority to cease arbitration of these matters (Telstra Corporation / Vocus Fibre)
Australian Competition and Consumer Commission (Canberra)
ACCC ceases arbitrations following court decision* The Full Federal Court has handed down its decision on a judicial review application originally commenced by Telstra on 3 January 2014. Telstra sought review of the Australian Competition and Consumer Commission’s jurisdiction to arbitrate (...)

The OECD holds a roundtable on the financing of the roll-out of broadband networks
OECD - Competition Division (Paris)
Executive summary, by the Secretariat * 1. Considering the discussion at the roundtable and delegates’ written submissions, several key points emerge: (1) Nationwide broadband coverage is considered essential for the economic and social development of a country. Ubiquitous access to broadband (...)

The New Zealand Commerce Commission clears acquisition of management rights for the final block of 5MHz radio spectrum in the 700MHz range (Telecom / Crown)
New Zealand Commerce Commission (Wellington)
Press releases published on New Zealand Commerce Commission Telecom granted clearance to acquire previously unsold radio spectrum block* The Commerce Commission has today granted a clearance to Telecom New Zealand Limited (Telecom) that will enable it to acquire the management rights for the (...)

The Australian Competition and Consumer Authority reports breaches of the Structural Separation Undertaking containing commitments related to vertical integration in the telecom sector (Telstra)
Australian Competition and Consumer Commission (Canberra)
ACCC reports on breaches of Telstra’s SSU* The Australian Competition and Consumer Commission’s annual report on Telstra’s compliance with its Structural Separation Undertaking (SSU) was tabled in Parliament today. The report outlines a number of occasions during the 2012-13 financial year where (...)

The Netherlands Competition Authority carries out an exploratory study into possible risks to competition in the business market for text messaging services
Netherlands Authority for Consumers & Markets (The Hague)
ACM sees points for attention in the business text messaging market* The Netherlands Authority for Consumers & Markets (ACM) has carried out an exploratory study into possible risks to competition in the business market for text messaging services. Given the conclusions of the study, ACM (...)

The Chinese NDRC and the Ministry of Industry and Information Technology jointly issue a notice announcing liberalizing pricing of the telecommunication services
AnJie Law (Beijing)
China Deregulates Pricing in Telecommunication Sector* China has seen another far-reaching step towards deregulating the strictly regulated telecommunication sector. On May 9, 2014, the Ministry of Industry and Information Technology of the P.R.C. (MIIT) and the National Development and Reform (...)

The Australian Competition and Consumer Commission releases final report into the regulation of fixed line telecommunications services
Australian Competition and Consumer Commission (Canberra)
ACCC finalises inquiry into regulation of fixed line services* The Australian Competition and Consumer Commission (ACCC) today released its final report into the regulation of fixed line telecommunications services. It has decided to continue regulating wholesale services supplied using (...)

The French Competition Authority issues an opinion on its analysis of the wholesale fast and super fast broadband markets
French Competition Authority (Paris)
The Autorité de la concurrence delivers its opinion to ARCEP as part of the fourth round of analysis of the wholesale fast and superfast broadband markets.* Following a referral by the French Telecommunications and Posts Regulator (hereinafter ARCEP), the Autorité de la concurrence today (...)

The Australian Competition and Consumer Commission revokes regulations requiring telecom operator to report on its wholesale and retail operations (Telstra)
Australian Competition and Consumer Commission (Canberra)
ACCC revokes Telstra accounting separation reporting requirements* The Australian Competition and Consumer Commission has revoked regulations requiring Telstra to report to the ACCC on its wholesale and retail operations, known as the Accounting Separation Record Keeping Rules. The ACCC was (...)

The Australian Competition and Consumer Authority concludes its inquiry on transmission regulation
Australian Competition and Consumer Commission (Canberra)
ACCC concludes its inquiry on transmission regulation* The Australian Competition and Consumer Commission has concluded its inquiry into the regulation of transmission services (known as the Domestic Transmission Capacity Service or ’DTCS’). The ACCC has decided to maintain regulation for a (...)

The New Zealand Commerce Commission seeks submissions on its proposed approach to setting the rate of return on capital for the unbundled copper local loop network and the unbundled bitstream access service
New Zealand Commerce Commission (Wellington)
Press releases published on New Zealand Commerce Commission Commission consults on cost of capital for telecommunications price reviews* The Commerce Commission is seeking submissions on its proposed approach to setting the rate of return on capital for the unbundled copper local loop (UCLL) (...)

The Canadian Radio-Television and Telecommunications Commission announces a new public consultation on the state of competition on the market for wholesale mobile wireless services
Steve Szentesi Law Corporation (Vancouver)
Competition & Wireless: Want Your Say on Roaming, Wireless Regulation? CRTC Launches New Public Consultation* Earlier today, and close on the heels of the announcement of winners in the Government’s 700 MHz spectrum auction yesterday (see: here), the CRTC has announced that it is launching (...)

The New Zealand Commerce Commission releases a paper on price determination according to the final pricing principle regarding the unbundled bitstream access (Chorus)
New Zealand Commerce Commission (Wellington)
Press releases published on New Zealand Commerce Commission Commerce Commission releases UBA process and issues paper* The Commerce Commission has today released a paper which outlines the proposed process for pricing Chorus’ wholesale broadband – the unbundled bitstream access (UBA) service - (...)

The Australian Competition and Consumer Commission releases a report of its draft decision to continue regulating the termination of calls on mobile phone networks
Australian Competition and Consumer Commission (Canberra)
ACCC releases draft report on regulation of access to mobile networks* The Australian Competition and Consumer Commission has today released a report of its draft decision to continue regulating the termination of calls on mobile phone networks. It is also proposing to regulate the termination (...)

The Australian Competition and Consumer Commission releases draft reports proposing to maintain the existing regulation of wholesale services supplied using copper network, other fixed line infrastructure and transmission routes (Telstra)
Australian Competition and Consumer Commission (Canberra)
ACCC releases draft reports on transmission and fixed line network regulation* The Australian Competition and Consumer Commission is currently reviewing the scope of its regulation of telecommunications services. It has today released draft reports that propose to largely maintain the existing (...)

The Kenyan Communications Commission launches a strategic plan for the ICT sector and discloses its cooperation project with the Competition Authority aiming at ensuring the transparency of all mobile money transfer platforms
Primerio (Washington)
Mobile Telecom and Payments sector getting boost from state in Kenya* According to a release by the Kenyan Communications Commission (CCK), the CCK is cooperating with the country’s Competition Authority (CAK) to enhance the mobile telecoms sector in Kenya. The CCK is aiming for 90% of all (...)

The UK Competition Appeal Tribunal dismisses an appeal attempting to challenge the ’value judgements’ made by OFCOM, following an investigation into the business connectivity services market (Colt)
Manchester University (Manchester)
Background On 26 November 2013, the Competition Appeal Tribunal (the “CAT”) dismissed an appeal brought by Colt Technology Services (“Colt”) against the Office of Communications (“OFCOM”) under Section 192 of the Communications Act 2003 (the “Act”). The appeal follows the publication of OFCOM’s (...)

The Australian Competition and Consumer Commission publishes for consultation a varied SAU specifying terms and conditions relating to access to fibre-to-the-premises, fixed wireless and satellite networks (NBN)
Australian Competition and Consumer Commission (Canberra)
ACCC publishes NBN Co’s varied Special Access Undertaking for consultation* The Australian Competition and Consumer Commission received a varied Special Access Undertaking (SAU) from NBN Co on 19 November 2013. If accepted by the ACCC, this SAU will form a key part of the regulatory framework (...)

The England and Wales Court of Appeal reinforces that market definition is a tool in competition analysis and substance must prevail over form (Talktalk Telecom / Office of Communications & Anor)
Blackstone Chambers (London)
TalkTalk v Ofcom – the Court of Appeal stresses that market definition is a tool not an end* The Court of Appeal, in TalkTalk v Ofcom [2013] EWCA Civ 1318, recently gave an important reminder to all competition practitioners that market definitions are a tool rather than an end: what matters is (...)

A Dutch District Court upholds ACM’s decision concerning imposition of fines on the national telecom company for failing to inform its competitors about a discount scheme (KPN)
Netherlands Authority for Consumers & Markets (The Hague)
ACM fines KPN for putting competitors at a disadvantage in government tender* The Netherlands Authority for Consumers and Markets (ACM) imposed a fine of almost EUR 30 million on Dutch telecom company KPN. KPN committed a violation in the government tender for fixed telephony services for (...)

The French Competition Authority issues three opinions on the analysis of wholesale fixed and mobile voice call and SMS termination markets (ARCEP)
French Competition Authority (Paris)
The Autorité de la concurrence issues three opinions to Arcep on the analysis of wholesale call termination markets for the 2014-2016 period and calls for an accelerated and generalised application of the European regulatory framework.* Following a request for opinion from the French (...)

The Australian Competition and Consumer Commission seeks to change the framework that governs the access to national broadband network (NBN)
Australian Competition and Consumer Commission (Canberra)
ACCC seeks variation of NBN Co Special Access Undertaking* On 8 October 2013 the Australian Competition and Consumer Commission has released a Notice to Vary (variation notice) formally seeking changes to the Special Access Undertaking (SAU) offered by NBN Co in December 2012. The SAU will (...)

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