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

08.06.2021 NL law
De Europese Klimaatwet uitgelicht

Short Reads - Op 21 april 2021 is een voorlopig akkoord bereikt over de Europese Klimaatwet. Deze Klimaatwet kan worden gezien als de kern van de Europese Green Deal, die in december 2019 werd gepubliceerd door de Europese Commissie. Het overstijgende doel van deze instrumenten is om een klimaatneutraal Europa te bewerkstelligen in 2050. De Europese Klimaatwet zorgt ervoor dat deze klimaatneutraliteitsdoelstelling in een Europese verordening wordt vastgelegd. Dit blogbericht gaat nader in op de Europese Klimaatwet en legt uit wat dit met zich brengt.

Read more

22.07.2021 NL law
Towards a European legal framework for the development and use of Artificial Intelligence

Short Reads - Back in 2014, Stephen Hawking said, “The development of full artificial intelligence could spell the end of the human race.” Although the use of artificial intelligence is nothing new and dates back to Alan Turing (the godfather of computational theory), prominent researchers – along with Stephen Hawking – have expressed their concerns about the unregulated use of AI systems and their impact on society as we know it.

Read more

08.06.2021 NL law
Actualiteiten milieustrafrecht: zorgelijke ontwikkelingen

Short Reads - Vrijdag 28 mei jl. hadden wij een inspirerend webinar over actualiteiten op het gebied van milieustrafrecht. Wij spraken gedurende 90 minuten onder meer over aansprakelijkheden van bestuurders, de zorgplichten, incidentenrapportages vanuit strafrechtelijk- en bestuursrechtelijk perspectief.

Read more

03.06.2021 NL law
First material judgment in Dutch damages proceedings in trucks infringement

Short Reads - In its judgment of 12 May 2021, the Amsterdam District Court ruled that it has not been established that it is definitively excluded that the trucks infringement led to damage to the claimants. However, this does not alter the fact that it must still be assessed for each claimant whether the threshold for referral to the damages assessment procedure has been met. For this to be the case, it must be plausible that a claimant may have suffered damage as a result of the unlawful actions of the truck manufacturers. The Amsterdam District Court has not yet ruled on this issue.

Read more