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Deutsche Telekom AG v. Commission

Case C-280/08 P, ECLI:EU:C:2010:603 (2010)

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Deutsche Telekom AG v. Commission

European Court of Justice

Case C-280/08 P, ECLI:EU:C:2010:603 (2010)

Facts

Deutsche Telekom (DT) (defendant) was Germany’s dominant telecommunication-services provider. DT had sole access to the local loop and had a duty under German law to provide its competitors access to the loop. The rate DT charged its competitors for wholesale access was also regulated, and price ceilings were imposed. To maintain its dominance, DT charged its direct retail customers lower prices for broadband and narrowband internet access than it charged new wholesale entrants for access to the local loop, creating a margin squeeze that made entry into the market difficult or impossible for DT’s competitors. The European Commission (the Commission) (plaintiff) found that DT had violated Article 82 of the Treaty of Rome establishing the European Community (Article 82 EC) (now Article 102 of the Treaty on the Functioning of the European Union), and its decision was upheld by the General Court. DT appealed to the European Court of Justice.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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