CASE COMMENTS : UNILATERAL PRACTICES – MARGIN SQUEEZE – RELEVANT COSTS – TELECOMMUNICATIONS

Margin squeeze: The General Court rejects appeals against the Commission decision fining a Spanish telecommunications operator for margin squeeze and gives guidance as to how to apply the as-efficient-competitor test (Telefónica and Telefónica de España - Spain)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Trib. UE, 29 March 2012, Telefónica and Telefónica de España v Commission, Case T-336/07 Trib. EU, 29 March 2012, Spain v Commission, Case T-398/07 In two judgments of 29 March 2012, the Court of First Instance dismisses two separate actions relating to the same Commission decision of 4 July 2007 (Case COMP/38.784 Wanadoo España v Telefónica). The Commission fined the Spanish incumbent operator almost €152 million for a margin squeeze (margin squeeze) abuse that restricted competition in the nascent broadband internet market. The facts were therefore similar to those in recent cases against other telecoms incumbents. Therefore, it was essentially a question

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Authors

  • Catholic University of Louvain
  • Côte d’Azur University, GREDEG (Nice)

Quotation

Anne-Lise Sibony, Frédéric Marty, Margin squeeze: The General Court rejects appeals against the Commission decision fining a Spanish telecommunications operator for margin squeeze and gives guidance as to how to apply the as-efficient-competitor test (Telefónica and Telefónica de España - Spain), 29 March 2012, Concurrences N° 3-2012, Art. N° 48342, pp. 105-110

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