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Telecommunications companies: One meeting with any competitor is enough to violate the EU's competition laws and result in fines

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  • Diehl, Kevin A.

Abstract

This commentary's purpose is to review how Telfort, T-Mobile, Vodafone, and others discovered that one "meeting" of any type with any telecommunications competitor could result in fines up to 10 percent of total "turnover" under EU competition law Regulation no. 1/2003, Article 23(2)(a), and to provide planning tips on how to eliminate the potential for those adverse consequences. While competition laws do not apply solely to the telecommunications industry, they do seem to affect it disproportionately. Telecommunications companies have global reach, and some of the most stringent competition law exists in Europe. Thus, all should review the most recent telecommunications ruling from the European Court of Justice, T-Mobile Netherlands BV v. Raad van bestuur van der Nederlandse Mededingingsautoriteit C-8/08 (2009).1 The ruling deals with whether the one meeting was "concerted activity" in violation of Article 81(1) EC.

Suggested Citation

  • Diehl, Kevin A., 2010. "Telecommunications companies: One meeting with any competitor is enough to violate the EU's competition laws and result in fines," Telecommunications Policy, Elsevier, vol. 34(4), pages 248-250, May.
  • Handle: RePEc:eee:telpol:v:34:y:2010:i:4:p:248-250
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    References listed on IDEAS

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    1. Anderson, Edward J. & Hu, Xinin & Winchester, Donald, 2007. "Forward contracts in electricity markets: The Australian experience," Energy Policy, Elsevier, vol. 35(5), pages 3089-3103, May.
    2. Willems, Bert & De Corte, Emmanuel, 2008. "Market power mitigation by regulating contract portfolio risk," Energy Policy, Elsevier, vol. 36(10), pages 3787-3796, October.
    3. Lynne Chester, 2006. "THE CONUNDRUMS FACING AUSTRALIA's NATIONAL ELECTRICITY MARKET," Economic Papers, The Economic Society of Australia, vol. 25(4), pages 362-377, December.
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    Cited by:

    1. Covadonga Gijón Tascón & Teresa Garín-Muñoz, & Teodosio Pérez-Amaral, 2012. "Satisfaction and protection of individual mobile telecommunications consumers," Documentos de Trabajo del ICAE 2012-21, Universidad Complutense de Madrid, Facultad de Ciencias Económicas y Empresariales, Instituto Complutense de Análisis Económico.

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