By making this ruling, the NMa confirms the conclusion of the Administrative Jurisdiction Division (CBb). They had approached the European Court, questioning whether a meeting between KPN, T-Mobile and Vodafone regarding the reduction of dealer fees could be seen as a restriction of competition.
Chris Fonteijn of the CBb explains: 'We are supported in this by the European Court, which has made it clear that mobile operators may not exchange information about the level of dealer fees, even if this happens only once.'
The ruling in this case was made in August 2010. However, the telecom companies appealed. In this appeal, they had to demonstrate that there was no connection between the meeting and their subsequent behavior. They failed to do so.
Ultimately, the Court of Justice of the European Union imposed fines on the mobile operators. These are now as follows: KPN: 7,933,000 euros, T-Mobile: 4,599,000 euros and Vodafone: 3,717,000 euros. The amounts are lower because the case has dragged on for so long. As a result, 'reasonable time limits for decision-making' have been exceeded.
The telecom companies have also appealed against these fine decisions.
Source: WINMAG Pro
