The Lisbon Court of Commerce quashes the Competition Authority’s first-ever abuse of dominant position infringement decision in the underground ducts’ telecom network access case, upheld on appeal (PT Comunicações)

I. The case, the PCA's decision and the judgments After receiving complaints from telecom undertakings “TvTel Comunicações” and “Cabovisão”, the Portuguese Competition Authority (hereinafter “PCA”) launched an investigation in 2003 into the allegations that Portugal Telecom Comunicações (hereinafter “PTC”), a branch of domestic telecoms incumbent Portugal Telecom Group, had refused to supply access, on several occasions, to its underground ducts' network, thereby preventing competitors from installing their cable networks and developing their cable services. On 1 August 2007, the PCA found that PTC‘s behaviour had occurred and damaged the national markets for pay-TV, retail broadband internet and retail fixed telephone services. The PCA therefore levied a € 38 M fine on PTC in its first decision

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José Luís da Cruz Vilaça, The Lisbon Court of Commerce quashes the Competition Authority’s first-ever abuse of dominant position infringement decision in the underground ducts’ telecom network access case, upheld on appeal (PT Comunicações), 20 December 2010, e-Competitions Judicial review, Art. N° 21301

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