Short Reads

District Court of Rotterdam dismisses Vodafone claims of abuse of dominance by KPN

District Court of Rotterdam dismisses Vodafone claims of abuse of dom

District Court of Rotterdam dismisses Vodafone claims of abuse of dominance by KPN

02.10.2017 NL law

On 27 September 2017, the District Court of Rotterdam dismissed claims by Vodafone that KPN abused its dominant position on the market for Virtual Internet Service Provider (VISP) services. In essence, the Court found that KPN did not have a dominant position on this hypothetical market because several companies had developed alternatives to KPN's services.

In 2007, KPN (through its subsidiary Tiscali) started to provide VISP services to Vodafone. These services allowed Vodafone to develop and offer retail internet, television and telephone ("Triple Play") services. In 2009, KPN announced its intention to terminate the VISP services agreement. After Vodafone objected to the termination, the two companies concluded a new agreement in 2011.

According to Vodafone, KPN abused its dominant position by terminating the original agreement and subsequently failing to comply with its obligations under the new VISP services agreement. This resulted in the delay of Vodafone's planned launch of television services through KPN's copper network until the end of 2014. According to Vodafone, this allowed KPN to continue to strengthen its own position on the retail market without having to face competition from Vodafone.

The District Court concluded that KPN did not have a dominant position on the hypothetical market for VISP services. In that regard it considered that KPN was unable to act independently of its competitors, because companies such as Tele2, BBned and Online were capable of developing their own television platforms, either using services provided by competitors of KPN such as Samsung, or by developing such a platform themselves. Vodafone had also argued that KPN's services were the only suitable option available. However, the Court considered that KPN's attractiveness as a service provider in this case was the result of Vodafone's own strategic choices and not because there was a lack of alternatives.

This article was published in the Competition Law Newsletter of October 2017. Other articles in this newsletter:

  1. Court of Justice landmark judgment: Intel's EUR 1.06 billion fine is sent back to the General Court
  2. Court of Justice upholds fine imposed on Philips and LG in the cathode ray tubes cartel
  3. Court of Justice clarifies that a change from sole to joint control requires EU clearance only if the joint venture is "full-function"
  4. Court of Justice provides guidance on examining excessive prices as abuse of a dominant position
  5. Curaçao Competition Act entered into force on 1 September 2017

Team

Related news

11.12.2019 EU law
Court of Appeal applies competition notion of undertaking in civil damages claim

Short Reads - The Court of Appeal of Arnhem – Leeuwarden recently applied the competition law notion of an 'undertaking' in a civil damages suit between TenneT and an entity belonging to the Alstom group of companies. The Court of Appeal ruled that Cogelex formed a single undertaking with its 48% shareholder Alstom. Cogelex could therefore be held liable under civil law for the competition law infringement of its 48% parent company. The Court of Appeal based its decision on a broad application of the ECJ’s reasoning in its Skanska judgment of 14 March 201

Read more

09.12.2019 BE law
Stibbe renforce sa pratique de droit européen et de la concurrence par la venue de Sophie Van Besien en qualité d’associée

Inside Stibbe - Bruxelles, le 9 décembre 2019 –  Stibbe a le plaisir d’accueillir Sophie Van Besien, avocate spécialisée en droit européen, droit de la concurrence et des marchés réglementés, en qualité de nouvelle associée au sein de son cabinet bruxellois. Son expertise permettra d’enrichir les prestations actuelles du cabinet au Benelux et de contribuer au développement de son activité en droit européen et en droit de la concurrence ainsi que des marchés réglementés. Sophie Van Besien rejoint Stibbe ce 9 décembre 2019.

Read more

09.12.2019 BE law
Stibbe expands EU/competition practice with new partner Sophie Van Besien

Inside Stibbe - Brussels, 9 December 2019 – Stibbe welcomes EU law, competition, and regulated markets lawyer Sophie Van Besien as a new partner in its Brussels office. Her expertise will enhance Stibbe’s service offering in the Benelux and contribute to the further development of its EU/competition and regulated markets practice. Sophie joins Stibbe on 9 December 2019.

Read more

05.12.2019 NL law
Big tech firms entering banking: be careful what you wish for

Short Reads - Big tech firms, whether entering or already active on payments markets, are under scrutiny. PSD2 has opened up the payments markets to non-bank companies, but this comes with both risks and opportunities. EU regulators are examining anticompetitive risks, for example the possibility of leveraging a strong position in one market into another market. Competition, innovation, privacy and security for financial transactions will all be hot topics as scrutiny increases on providers of payment services.

Read more

09.12.2019 BE law
Stibbe versterkt EU/competition praktijk met nieuwe vennote Sophie Van Besien

Inside Stibbe - Brussel, 9 december 2019 – Stibbe verwelkomt Sophie Van Besien, gespecialiseerd in Europees recht, mededingingsrecht en gereguleerde markten, als nieuwe vennote in het Brusselse kantoor. Sophie’s expertise zal Stibbe’s dienstverlening in de Benelux versterken en bijdragen aan de verdere ontwikkeling van zijn EU/competition en regulated markets praktijk. Sophie vervoegt Stibbe op 9 december 2019.

Read more

Our website uses functional cookies for the functioning of the website and analytic cookies that enable us to generate aggregated visitor data. We also use other cookies, such as third party tracking cookies - please indicate whether you agree to the use of these other cookies:

Privacy – en cookieverklaring