KPN and VodafoneZiggo do not have to open their networks to third parties. That is what the Board of Appeal for Business has decided today.
This means that providers without their own network cannot enforce access to those networks for the provision of services.
The ACM had stipulated that KPN and VodafoneZiggo should both open up their fixed networks to other providers. This was laid down in the wholesale fixed access market analysis decision. This regulation took into consideration on 1 October 2018.
KPN and VodafoneZiggo are very strong in this market and can use that position according to the regulator to raise prices, adjust conditions to their advantage or slow down investments.
However, the CBb considers that ACM has not (sufficiently) proven the existence of such a joint market power. This eliminates the basis for the regulation imposed on KPN and VodafoneZiggo and therefore the access obligations are also lost.
The ACM is ‘disappointed’ by the ruling and is now studying its consequences.