umraniye escort pendik escort
maderba.com
implant
olabahis
canli poker siteleri meritslot oleybet giris adresi betgaranti
escort antalya
istanbul escort
sirinevler escort
antalya eskort bayan
brazzers
sikis
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

12.02.2021 EU law
After the Uber case and the Airbnb case … the Star Taxi App case: focus on the question of the qualification as “Information Society Service”

Articles - Societal and digital developments are reflected in the case law of the CJEU. For several years now, European judges resolve disputes relating to digital applications and the services they provide. On 3 December 2020, they handed down a judgment in a case concerning Star Taxi App. This blog analyses the Star Taxi App case law in the light of the Uber case law and the Airbnb case law. The three judgments have in common the question of the qualification of services as Information Society Services.  

Read more

04.02.2021 NL law
Game over? Gaming companies fined for geo-blocking

Short Reads - The Commission’s cross-border sales crusade seems far from over. The EUR 7.8 million fine imposed on distribution platform owner Valve and five PC video games publishers for geo-blocking practices is the most recent notch in the Commission’s belt. Food producer Mondelĕz may be next on the Commission’s hit list: a formal investigation into possible cross-border trade restrictions was opened recently.

Read more

04.02.2021 NL law
ECJ clarifies limits of antitrust limitation periods

Short Reads - Companies confronted with antitrust investigations and fines may find safeguard behind the rules governing limitation periods (often termed ‘statutes of limitation’). However, two preliminary rulings by the European Court of Justice (ECJ) show that those rules are not necessarily set in stone. According to the ECJ, national time limits relating to the imposition of antitrust fines may require deactivation if these limits result in a ‘systemic risk’ that antitrust infringements may go unpunished.

Read more

29.01.2021 NL law
Publicatie en inwerkingtreding Uitvoeringswet Screeningsverordening buitenlandse directe investeringen

Short Reads - Op 4 december 2020 is een uitvoeringswet in werking getreden die bepaalde elementen uit de Verordening screening van buitenlandse directe investeringen in de Unie regelt en zorgt dat Nederland voldoet aan de verplichtingen uit die verordening. Ook is er een conceptwetsvoorstel toetsing economie en nationale veiligheid verschenen. 

Read more