Telekom abused position in copper/fibre bitstream/LLU markets ‘to at least March 2014’

10 Feb 2015

Telekom Slovenije has issued a public notification that on 4 February 2015 it received a decision from the Slovenian Competition Protection Agency (AVK) which ruled that the telco had abused its dominant position in the wholesale markets of broadband bitstream access and physical network infrastructure access (a segment which includes local loop unbundling [LLU]).

AVK Decision no. 306-23/2013-151 established that Telekom Slovenije utilised a ‘unified complex business practice’ to abuse its dominant position in the period from 1 January 2005 to at least 14 March 2014:

- in the carrier market of broadband bitstream access so that in the period from 1 January 2005 to 24 October 2005 it refused alternative operators access to DSLAMs, and that from 1 July 2005 to 22 September 2008 it did not provide the naked xDSL service to alternative operators, and

- in the carrier market of access to the physical network infrastructure it did not provide equal treatment to itself and alternative operators with regard to the conditions for establishing collocations (information on infrastructure availability), by refusing access to fibre-optics in locations where copper was not available, and that it did not allow the sale of its broadband bitstream access services to third party operators in unbundled loops.

With this decision AVK also ruled that ‘Telekom Slovenije must cease with the violation within three months of receiving this decision, unless it had already done so. It must also abstain from actions or practices described in this decision, and from making decisions or establishing practices that could have the same effect.’

Telekom Slovenije will study the resolution and decide on the next steps based on the results.

Slovenia, Telekom Slovenije (incl. Mobitel)