Telecom Networks & 5G

General antitrust

 The EU Commission proposes a draft Gigabit Infrastructure Act to fast-track the deployment of very high-capacity fixed and mobile connectivity and replace the Broadband Cost Reduction Directive
Jones Day (Amsterdam)
Netherlands 19 contributions 5170 visits
,
Jones Day (Brussels)
Belgium 28 contributions 8844 visits
,
Jones Day (Brussels)
Belgium 17 contributions 4956 visits
…
In Short The Situation: The European Commission has presented three initiatives to transform the connectivity sector on 23 February 2023 (the "Connectivity Package"). The State of Play: The European Commission has proposed a draft Gigabit Infrastructure Act ("GIA") proposal that would come (...)

The Russian Competition Authority approves the conclusion of the agreement on 5G networks for mobile operators (Rostelecom / Bashinformsvyaz / VimpelCom)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57330 visits
The FAS approved conclusion of the agreement on 5G networks for mobile network operators* Such an agreement should contain conditions for equal access to radio frequencies for all market participants The FAS Russia has considered the application of Rostelecom PJSC, Bashinformsvyaz PJSC, (...)

The Italian Competition Authority sends its proposals to the government which aim to remove legal and administrative burdens, open the markets and ensure the development of competition whilst promoting economic recovery in the country
White & Case (Milan)
Italy 16 contributions 18895 visits
,
White & Case (Milan)
Italy 3 contributions 654 visits
On 23 March 2021, the Italian Competition Authority (“ICA”) sent to the Italian government its proposals for changes to the Italian competition law for inclusion in the “annual law for competition” pursuant to Article 47 of Law 99/2009. The ICA reform proposals affect a broad variety of (...)

The Indian Competition Authority publishes the key findings of its market study on the telecom sector
Khaitan & Co (Mumbai)
Inde 6 contributions 1669 visites
,
2 contributions 472 visits
Tring Tring! CCI calls in the market study on Indian telecom sector* On 22 January 2021, the Competition Commission of India (CCI) published its market study on the Indian telecom sector (Market Study). Initiated by the CCI in January 2020 as part of its advocacy measures, the Market Study (...)

The Indian Competition Authority publishes a market study into the telecom sector, finding a shift to non-price-based competition, categorizing the sector as a two-sided market, and noting the sector’s distress due to increased debt burden
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10843 visits
The Indian Telecom sector (‘Sector’) is the world’s second largest telecommunications market, both in terms of subscriber base (1.16 billion) and in terms of total internet users (743.19 million). Recently, on 22 January 2021, the Competition Commission of India (‘CCI’) released its key (...)

The EU Commission publishes a toolbox for regulating 5G networks
Morgan Lewis (Brussels)
United States 10 contributions 4066 visits
,
Morgan Lewis (Washington)
United States 2 contributions 794 visits
The rollout of 5G networks is taking countries around the world to the next generation of technology. This new generation of networks will offer untapped opportunities for business and services for citizens in a vast variety of sectors, such as transport, energy, manufacturing, media, and (...)

The Romanian Government drafts a law on the authorisation of 5G technology manufacturers and its effects on competition
Maravela, Popescu & Asociatii (Bucharest)
Romania 5 contributions 993 visits
,
Maravela, Popescu & Asociatii (Bucharest)
Romania 1 contribution 105 visits
The Romanian draft law on the authorisation of 5G technology manufacturers and its effects on competition represents a challenge for mobile operators and competition regulators. A draft law on measures relating to information and communication infrastructures of national interest and the (...)

The EU Commission proposes a European recovery plan which would be funded by borrowing on the financial markets
Baker McKenzie (London)
United Kingdom 1 contribution 68 visits
,
Baker McKenzie (London)
United Kingdom 1 contribution 68 visits
,
Baker McKenzie (London)
United Kingdom 1 contribution 68 visits
On 27 May 2020, the European Commission put forward its proposal for a European Recovery Plan (ERP) with a new EUR 750 billion funding via its financial recovery instrument, called the "Next Generation EU" which would be funded by borrowing on the financial markets. If approved by the Member (...)

The Australian Competition Authority seeks views from parties interested in the allocation and use of the spectrum in the 26-28 gigahertz (GHz) band
Baker McKenzie (Sydney)
Australia 1 contribution 78 visits
,
Baker McKenzie (Sydney)
Australia 1 contribution 78 visits
,
Baker McKenzie (Sydney)
Australia 6 contributions 1441 visits
The Australian Competition and Consumer Commission (ACCC) seeks views by 27 March 2020 from parties interested in the allocation and use of the spectrum in the 26-28 gigahertz (GHz) band. The spectrum is to be used for 5G technology. Organisations planning to utilise 5G technology may be (...)

The Estonian Competition Authority forms an opinion about the competition of 5G frequency licences and believes the frequency band should be divided into small blocks
Estonian Competition Authority (Tallinn)
Estonia 12 contributions 1568 visits
The Competition Authority formed an opinion about the competition of frequency licenses in the frequency band of 3,410-3,800 MHz, as a result of which, the undertakings acquiring the licenses will start building a so-called 5G network for communications services. The Competition Authority (...)

The UK Government announces its plan to support digital Britain post-Brexit aimed at improving living standards and economic growth
Ashurst (London)
United Kingdom 1 contribution 53 visits
,
Ashurst (London)
United Kingdom 2 contributions 775 visits
Last week, the Secretary of State for Culture, Media and Sport, Karen Bradley MP, announced the Government’s plans to support a digital Britain post-Brexit (click here to see the UK Digital Strategy). The strategy is aimed at improving living standards and economic growth by "increasing (...)

Anticompetitive practices

 The England & Wales High Court issues second landmark ruling in a FRAND royalty rates dispute (InterDigital / Lenovo)
Roschier (Stockholm)
Sweden 4 contributions 462 visits
,
Van Bael & Bellis (Brussels)
Belgium 33 contributions 6116 visits
,
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56677 visits
On 16 March 2023, Justice Mellor J. of the England and Wales High Court issued a landmark judgment in case HP-2019-000032 between InterDigital and Lenovo, the second ever UK ruling to define global fair, reasonable and non-discriminatory (“FRAND”) royalty rates. The case was brought before a (...)

The EU Commission accepts commitments from three mobile phone operators on Czech network sharing (T-Mobile / CETIN / O2)
European Commission - DG COMP (Brussels)
Belgique 1363 contributions 2939183 visites
Antitrust: Commission accepts commitments from T-Mobile CZ, CETIN and O2 CZ on Czech network sharing* The European Commission has made commitments offered by T-Mobile CZ, CETIN and O2 CZ, as well as their parent companies Deutsche Telekom and PPF Group, legally binding under EU antitrust (...)

The UK Supreme Court confirms that it is possible to set global FRAND rates and global licences to portfolios of standard-essential patents (Unwired Planet / Huawei)
Baker Botts (Brussels)
Belgium 28 contributions 21367 visits
,
Baker Botts (Brussels)
Belgium 15 contributions 5361 visits
The U.K. Supreme Court’s 26 August ruling on standard-essential patents (SEPs) is the latest in a series of recent decisions that are likely to have a profound effect on FRAND license negotiations across the globe, in particular for the next generation 4G and 5G mobile telecommunication (...)

The US DoJ announces that a proposed patent-pooling platform dedicated to 5G cellular technology standards for use in the automotive industry is unlikely to harm competition (Avanci)
Seyfarth Shaw (Boston)
United States 1 contribution 106 visits
DOJ Antitrust Division Approval of Pooling of “Essential” Standards Will Help Speed Integration of 5G Technology Into New Vehicles* The US Department of Justice (DOJ) Antitrust Division recently announced that it has concluded that a proposed patent-pooling platform dedicated to “essential” (...)

The EU Commission sends a statement of objection to operators of mobile telephony regarding their network sharing agreement in the Czech market (O2 / CETIN / T-Mobile)
European Commission - DG COMP (Brussels)
Belgique 1363 contributions 2939183 visites
Antitrust: Commission sends Statement of Objections to O2 CZ, CETIN and T-Mobile CZ for their network sharing agreement* The European Commission has informed Czech operators of mobile telephony O2 CZ and T-Mobile CZ, as well as the Czech telecom infrastructure provider CETIN of its (...)

The EU Commission issues a statement of objections regarding network sharing in the 2G/3G/4G technologies but misses an opportunity to provide guidance on future 5G network sharing agreements (O2 / CETIN / T-Mobile)
Geradin Partners (Brussels)
France 20 contributions 39217 visits
,
Centre for IT & IP Law (CiTiP) (KU Leuven) (Leuven)
Belgium 3 contributions 3813 visits
Network Sharing and EU Competition Law in the 5G Era: A Case of Policy Mismatch* Instead of working towards adopting a clear analytical framework for the assessment of NSAs under EU competition law, the Commission decided to launch proceedings in October 2016 and issue a Statement of (...)

Unilateral Practices

 The German Competition Authority opens an investigation into the potential anti-competitive impediment of options for co-using radio masts in the telecommunications sector (1&1 / Vodafone / Vantage Towers)
German Competition Authority (Bonn)
Allemagne 458 contributions 116969 visites
Bundeskartellamt examines potential anti-competitive impediment of 1&1 by Vodafone and Vantage Towers* Bonn, 2 June 2023: Following a complaint filed by 1&1 Mobilfunk GmbH, Düsseldorf, the Bundeskartellamt is examining whether Vodafone GmbH, Düsseldorf or its affiliated company (...)

The Italian Competition Authority fines €116M the largest national telecommunications provider for broadband market abuse (TIM)
Van Bael & Bellis (Brussels)
Belgium 1 contribution 193 visits
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 (...)

The Munich District Court issues an anti-suit injunction in patent litigation preventing an automotive company from further pursuing proceedings in the US (Nokia)
McDermott Will & Emery (Dusseldorf)
Germany 3 contributions 801 visits
,
Baader Bank AG (unterschleißheim)
Germany 2 contributions 744 visits
On July 11 2019, the Munich I District Court (Landgericht) issued an anti-suit injunction in patent litigation, preventing an automotive company from further pursuing proceedings in the United States. The Munich decision might become a landmark case because German courts have historically not (...)

The EU Commission publishes a roadmap on the Standard Essential Patents to support the development of the 5G mobile communications standard
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56677 visits
On 10 April 2017, the European Commission published its roadmap on “Standard Essential Patents for a European digitalised economy” (the “Roadmap”) with the aim of supporting the development of the 5G mobile communications standard (“5G”) and the Internet of Things (“IoT”) universe. A (...)

Mergers

 The Belgian Competition Authority approves the acquisition of a US-listed IT company by an IT service provider (Computer Task Group / Cegeka Groep)
Belgian Competition Authority (Brussels)
Belgique 122 contributions 24418 visites
The Belgian Competition Authority approves the acquisition of Computer Task Group by Cegeka Groep* On 27 October 2023, the Belgian Competition Authority (BCA) approved the acquisition of Computer Task Group (hereafter “CTG”) by Cegeka Groep (hereafter “Cegeka”). The concentration was (...)

The Australian Competition Tribunal affirms the Competition Authority’s decision not to grant authorisation for the proposed regional spectrum authorisation arrangements between two telecommunication companies (Telstra / TPG Telecom)
Australian Competition and Consumer Commission (Canberra)
Australie 399 contributions 84696 visites
Australian Competition Tribunal denies authorisation for Telstra and TPG regional network deal* The Australian Competition Tribunal has affirmed the ACCC’s decision not to grant authorisation for the proposed regional spectrum authorisation arrangements between Telstra Corporation Limited (...)

The Portuguese Competition Authority opens an in-depth investigation into the merger of two telecoms (Vodafone / Nowo)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30214 visits
AdC opens in-depth investigation into acquisition of Nowo by Vodafone* The Portuguese Competition Authority (AdC) has decided to open an in-depth investigation into the merger involving the acquisition by Vodafone Portugal, S.A. (Vodafone) of sole control over Cabonitel, S.A., whose only (...)

The Belgian Competition Authority dismisses complaint against telecommunication undertakings regarding their mobile infrastructure sharing agreement (Telenet / Proximus / Orange)
Belgian Competition Authority (Brussels)
Belgique 122 contributions 24418 visites
The Belgian Competition Authority has decided to dismiss Telenet’s complaint against Proximus and Orange regarding their mobile infrastructure sharing agreement ("RAN-sharing")* In October 2019, Telenet Group NV and Telenet BVBA ("Telenet"), a provider of fixed and mobile telephony, internet (...)

The Australian Competition Authority seeks further views on the acquisition of telecoms infrastructure sites by the country’s biggest telecoms firm (Telstra / TPG Telecom)
Australian Competition and Consumer Commission (Canberra)
Australie 399 contributions 84696 visites
ACCC seeks further views on Telstra, TPG mobile network deal* The ACCC has released a statement of preliminary views on the authorisation sought by Telstra and TPG for their proposed regional mobile network arrangements. The ACCC is calling for further submissions and looks forward to (...)

The US DoJ conditionally clears a fibre-based telecom merger in Puerto Rico and the US Virgin Islands (Liberty Latin America / AT&T)
US Department of Justice (Washington)
États-Unis 181 contributions 79752 visites
Justice Department Requires Divestiture In Order For Liberty Latin America To Acquire AT&T’s Telecommunications Operations In Puerto Rico And The U.S. Virgin Islands* Divestiture Will Preserve Competition for Fiber-Based Telecommunications Services for Enterprise Customers in Puerto Rico (...)

The US DoJ congratulates the merger of telecom operator on closing the agreed divestiture with a satellite TV company (T-Mobile / Dish / Boost)
US Department of Justice (Washington)
États-Unis 181 contributions 79752 visites
Justice Department Congratulates T-Mobile And Dish For Closing The Boost Divestiture* T-Mobile US Inc. (T-Mobile) and Dish Network Corporation (Dish) announced today that they closed T-Mobile’s divestiture of Boost Network (Boost) to Dish. Boost was legacy Sprint Corporation’s prepaid (...)

The EU General Court annuls the Commission’s decision prohibiting a merger between two telecommunication companies (Telefónica UK / Hutchison 3G UK)
European Commission - DG COMP (Brussels)
Belgium 13 contributions 11085 visits
,
Shearman & Sterling (Brussels)
Belgique 21 contributions 10423 visites
,
Shearman & Sterling (London)
Royaume-Uni 23 contributions 14319 visites
…
Under the leadership of Margrethe Vestager, the European Commission has taken an increasing interventionist stand across all areas of antitrust enforcement, in particular in merger control. The EU’s General Court dealt that aggressive agenda a massive blow by annulling the first of her many (...)

The Australian Competition Authority blocks a proposed merger between a fixed-line provider and a mobile network operator (TPG / VHA)
Ashurst (Sydney)
Australia 9 contributions 2964 visits
,
Ashurst (Sydney)
Australia 8 contributions 961 visits
Following an 8 month investigation, on 8 May 2019, the Australian Competition and Consumer Commission ("ACCC") announced its decision to oppose the proposed merger between fixed-line provider TPG Telecom ("TPG") and mobile network operator Vodafone Hutchinson Pty Limited ("VHA"). VHA and TPG (...)

The US District Court of Columbia enters the final judgment regarding the merger of the third and fourth-largest telecommunication providers and allows for proposed structural remedies to proceed (T-Mobile / Sprint)
US Department of Justice (Washington)
États-Unis 181 contributions 79752 visites
Court Enters Final Judgment in T-Mobile/Sprint Transaction: Order Allows Divestitures to Proceed* Today, a federal district court in Washington, D.C., concluded that the Antitrust Division’s resolution of its challenge to the merger between T-Mobile and Sprint was in the public interest and (...)

The EU Commission clears a joint venture agreement between two mobile network operators and explains why their network sharing agreement does not raise competition concerns (INWIT/ TIM / Vodafone)
Geradin Partners (Brussels)
France 20 contributions 39217 visits
,
Centre for IT & IP Law (CiTiP) (KU Leuven) (Leuven)
Belgium 3 contributions 3813 visits
Network sharing and EU competition law in the 5G era: A case of policy mismatch* In January 2020, Vodafone Italia and Telecom Italia notified the Commission of a JV agreement to pool together their passive infrastructure. Under this agreement, Vodafone’s passive infrastructure is combined (...)

The EU Commission clears proposed acquisition of joint control in the telecommunications sector (INWIT/ TIM / Vodafone)
Ashurst (Brussels)
Belgium 45 contributions 46237 visits
,
Ashurst (London)
United Kingdom 14 contributions 2607 visits
,
Ashurst (London)
United Kingdom 4 contributions 661 visits
On 6 March 2020, the European Commission ("Commission") cleared the proposed acquisition of joint control over INWIT by Telecom Italia ("TIM") and Vodafone in case M.9674, combining the parties’ Italian telecommunications tower holdings as part of their 5G roll-out plan. WHAT YOU NEED TO (...)

The US District Court for the Southern District of New York clears a merger between the top third and fourth wireless communications provider (State AGs / T-Mobile / Sprint)
US Federal Trade Commission (FTC) (New York)
United States 1 contribution 566 visits
,
Weil, Gotshal & Manges (Washington)
United States 2 contributions 1038 visits
,
Weil, Gotshal & Manges (Washington)
United States 3 contributions 1311 visits
T-Mobile’s Marathon to Acquire Sprint: Five Takeaways from the T-Mobile/Sprint Antitrust Litigation After almost two years of scrutiny by state and federal regulators and an ensuing court battle, T-Mobile US, Inc. (“T-Mobile”) is moving forward with its acquisition of Sprint Corporation (...)

The Belgian Competition Authority imposes an interim measure suspending the implementation of a shareholder’s agreement and the radio access network sharing agreement in the telecommunications market (Telenet / Orange Belgium / Proximus)
Belgian Competition Authority (Brussels)
Belgique 122 contributions 24418 visites
Interim measure imposed on Orange and Proximus in respect of the joint venture for the sharing of the mobile radio access networks* The Competition College of the Belgian Competition Authority (BCA) has at the request of Telenet Group NV and Telenet BVBA (Telenet) imposed on 8 January 2020 (...)

The Belgian Competition Authority imposes interim measures suspending a joint venture for sharing the mobile radio access networks (Telenet / Orange Belgium / Proximus)
European Commission - DG COMP (Brussels)
Belgium 45 contributions 20878 visits
,
Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 29200 visits
,
Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20892 visits
On 22 November 2019, the Belgian companies Orange Belgium, SA/NV and Proximus, SA/NV concluded an agreement to create a joint venture for the sharing of the mobile radio access networks. However, the Telenet Group, SA/NV and Telenet, SPRL/BVBA ( jointly, ‘Telenet’) requested a deeper inquiry (...)

The Belgian Competition Authority imposes an interim measure to temporarily suspend the joint venture between two of the three main telecom companies in the national market (Orange Belgium / Proximus)
Allen & Overy (Brussels)
Belgium 28 contributions 3385 visits
,
Bird & Bird (Brussels)
Belgium 42 contributions 12522 visits
On 8 January, the Belgian Competition Authority ("BCA") imposed an interim measure to temporarily suspend the joint venture ("JV") between Orange and Proximus, two of the three main telecom players in the Belgian market. The cooperation between Orange and Proximus relates to the sharing of (...)

The Dutch Trade and Industry Appeals Tribunal upholds the Competition Authority’s approval for an acquisition in the telecommunications market (KPN / Vodaphone)
Jones Day (Amsterdam)
Netherlands 19 contributions 5170 visits
In Short The Ruling: The Dutch competition authority’s approval of KPN’s acquisition of fiber operator Reggefiber was upheld by the Dutch Trade and Industry Appeals Tribunal in February 2018. In assessing the merger’s competitive effects, the Tribunal notably considered regulatory measures (...)

State Aid

 The EU Commission approves a €680M Spanish scheme under the Recovery and Resilience Facility to support the roll out of 5G mobile networks in rural areas
European Commission - DG COMP (Brussels)
Belgique 1363 contributions 2939183 visites
State aid: Commission approves €680 million Spanish scheme under the Recovery and Resilience Facility to support roll out of 5G mobile networks in rural areas* The European Commission has approved, under EU State aid rules, a €680 million Spanish scheme made available through the Recovery (...)

The EFTA Surveillance Authority adopts new guidelines on State aid for broadband networks applicable to the European Economic Area EFTA States
EFTA Surveillance Authority (Brussels)
Belgium 140 contributions 28853 visits
ESA adopts new guidelines on State aid for broadband networks* The EFTA Surveillance Authority (ESA) has today adopted new guidelines for broadband networks applicable to the EEA EFTA states. The new guidelines provide a framework and guidance that ESA will apply while assessing State aid (...)

The EU Commission approves €2 billion Italian scheme under the recovery and resilience facility to support roll out of 5G mobile networks
European Commission - DG COMP (Brussels)
Belgique 1363 contributions 2939183 visites
State aid: Commission approves €2 billion Italian scheme under the Recovery and Resilience Facility to support roll out of 5G mobile networks* The European Commission has approved, under EU State aid rules, a €2 billion Italian scheme made available through the Recovery and Resilience (...)

The EU Commission invites comments on State aid rules for the deployment of broadband networks
European Commission - DG COMP (Brussels)
Belgique 1363 contributions 2939183 visites
State aid: Commission invites comments on State aid rules for the deployment of broadband networks* The European Commission has launched a public consultation inviting Member States and other stakeholders to provide their views and comments on the existing EU State aid rules on public (...)

Regulatory

 The EU Commission publishes its draft regulation on standard essential patents with the aim to provide more transparency and predictability in this area
Peter Camesasca Advocaat (Brussels)
Belgium 34 contributions 13451 visits
,
Covington & Burling (Frankfurt)
Germany 7 contributions 2874 visits
Draft Regulation – The EU Commission Proposes a new Framework for the Licensing of Standard Essential Patents (“SEPs”)* On April 27, 2023, the Commission presented its draft regulation on SEPs (“Draft SEPs Framework Regulation”, retrievable here). Under the aegis of DG GROW, but in close (...)

The EU Commission publishes its long-awaited draft regulation on a new framework for standard essential patents
Roschier (Stockholm)
Sweden 4 contributions 462 visits
,
Van Bael & Bellis (Brussels)
Belgium 33 contributions 6116 visits
,
Van Bael & Bellis (Brussels)
Belgium 163 contributions 56677 visits
On 27 April 2023, the European Commission released its long-awaited draft Regulation on a new framework for standard-essential patents (“SEPs”). The draft Regulation aims at improving the efficiency and predictability in the SEP licensing market, particularly for small and mediumsized (...)

The EU Commission reviews draft legislative proposal to regulate the licensing framework for standard-essential patents
European University Institute (Florence)
Italy 3 contributions 565 visits
The European Commission is working on a legislative proposal that would regulate the licensing framework for standard-essential patents (SEPs). A regulatory proposal leaked to the press has already been the subject of extensive commentary (see here, here, and here). The proposed regulation (...)

The Australian Competition Authority accepts a telecom’s court-enforceable undertaking to halt a spectrum registration practice which interfered with a rival’s rollout of 5G network (Telstra)
Australian Competition and Consumer Commission (Canberra)
Australie 399 contributions 84696 visites
Telstra undertakes to address 5G competition concerns* The ACCC has accepted a court-enforceable undertaking from Telstra to address competition concerns about Telstra’s registration of radiocommunications sites in low band spectrum that interfered with Optus’ plans to roll out its 5G (...)

The German Government prohibits the acquisition of a communications technology company by a Chinese communication product manufacturer (IMST / Addsino)
Hogan Lovells (Brussels)
Belgium 21 contributions 8954 visits
,
Hogan Lovells (Düsseldorf)
Germany 6 contributions 1071 visits
,
Hogan Lovells (Brussels)
Belgium 9 contributions 2030 visits
Foreign investment control has become a key factor in M&A deals and 2020 has been an eventful year. A large number of economies have introduced foreign investment control regimes or tightened their existing rules. Now it appears that it is time to make use of them: this week Germany has (...)

The German Government prohibits the acquisition of a telecommunication company by a Chinese buyer under the foreign direct investment rules (IMST / Addsino)
Peter Camesasca Advocaat (Brussels)
Belgium 34 contributions 13451 visits
,
Covington & Burling (Frankfurt)
Germany 13 contributions 6484 visits
,
Covington & Burling (Frankfurt)
Germany 7 contributions 2874 visits
On 2 December 2020, the German government prohibited the acquisition of German company IMST GmbH, Kamp-Lintfort (“IMST”) by a Chinese investor. This is the second high profile prohibition decision issued by the German government this year on the grounds of Foreign Direct Investment (“FDI”) (...)

The French Competition Authority issues an opinion on the analysis of the fixed broadband and superfast broadband wholesale markets (Arcep)
Autorité de la concurrence (Paris)
France 748 contributions 410531 visites
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 (...)

The Romanian Government launches a draft law on the authorization 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)
Romania 5 contributions 993 visits
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 (...)

The EU Commission publishes a communication aiming to create a Europe fit for the digital age
Ashurst (London)
United Kingdom 35 contributions 17177 visits
,
Ashurst (Frankfurt)
Germany 15 contributions 4258 visits
,
Ashurst (Madrid)
Spain 14 contributions 2385 visits
On 19 February 2020, the European Commission ("Commission") published a Communication on shaping Europe’s digital future ("Digital Future Communication") together with a Communication on a European data strategy ("Data Strategy"), which contain a number of statements relating to EU competition (...)

The EU Commission endorses the toolbox of mitigating measures aiming to secure 5G network in the Union due to alleged ties between certain telecom equipment suppliers and foreign governments
Jones Day (Amsterdam)
Netherlands 19 contributions 5170 visits
,
Jones Day (Brussels)
Belgium 17 contributions 4956 visits
,
Jones Day (Brussels)
Belgium 5 contributions 1345 visits
…
In January 2020, the European Commission endorsed the Toolbox of mitigating measures agreed by the Member States of the European Union to address security risks related to the rollout of 5G. The protection of national security, and cybersecurity in particular, are unquestionably legitimate (...)

The EU Commission publishes a code to regulate communications in Europe
Jones Day (London)
United Kingdom 30 contributions 22032 visits
,
Jones Day (Brussels)
Belgium 28 contributions 8844 visits
,
Jones Day (Amsterdam)
Netherlands 19 contributions 5170 visits
…
In Short The Situation: On December 18, 2018, the European Union published its European Electronic Communication Code ("Code"). The Result: The Code overhauls the current legislative framework for telecommunications with the aim of consolidating existing legislations into a single Act. (...)

The OECD holds a roundtable on the financing of the roll-out of broadband networks
OECD - Competition Division (Paris)
France 313 contributions 1445174 visits
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 (...)