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European Commission Telecommunications

BCLP

Another SIEC in the wall - the ECJ’s judgment in CK Telecoms

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Save for the Commission’s decision in M.8792 (Tele2 NL/T-Mobile NL) which cleared the acquisition of Tele2 NL by T-Mobile NL without remedies, the Commission has historically blocked or accepted divestment/behavioural...more

A&O Shearman

ECJ confirms no higher standard for blocking mergers short of dominance

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On 13 July 2023, the European Court of Justice (ECJ) gave judgment on the long-running litigation between CK Hutchison and the European Commission (EC), arising out of the EC’s 2016 decision to prohibit CK Hutchison (owner of...more

Dechert LLP

New EU Guidelines: Agreements Among Competitors

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The European Commission has published new guidance and related regulations concerning cooperation among competitors, under Article 101 of the Treaty on the Functioning of the European Union (TFEU). These replace instruments...more

Morrison & Foerster LLP

Summary Note: Connectivity Tax/Fair Share

The EU Commission considers intervening in the commercial relationship between large Content and Application Providers (CAPs) and Internet Access Providers (ISPs) by introducing a sort of compensation payable by certain...more

Jones Day

The European Commission's "Connectivity Package" Set to Reshuffle the Telecom Sector

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In Short - The Situation: The European Commission has presented three initiatives to transform the connectivity sector on 23 February 2023 (the "Connectivity Package")....more

White & Case LLP

Sector focus: European infrastructure financing flows

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In the face of rising interest rates and macro-economic uncertainty, infrastructure finance has proven relatively resilient when compared to the dislocation in other debt markets....more

Hogan Lovells

Controversial obligation to store user data to be imposed on electronic communications undertakings

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In accordance to the current version of the proposed draft Electronic Communications Act (the "ECA") which replaces the existing Telecommunications Law and implements EU regulations with respect to Directive 2018/1972 of 11...more

White & Case LLP

ECJ Advocate General recommends setting aside the CK Telecoms judgment and endorsing the European Commission’s established...

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Advocate General Kokott has found that the General Court erred in law in requiring the European Commission to show anti-competitive effects of a merger with “strong probability” and that the scope of its judicial review was...more

Morrison & Foerster LLP

European Digital Compliance: Key Digital Regulation & Compliance Developments - October 2022

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To help organisations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more

Paul Hastings LLP

H1 2022 Energy and Infrastructure Round-up

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Welcome to our H1 2022 Energy and Infrastructure Round-up. Here we share our assessment of key legal and transactional developments in the energy and infrastructure market including: •Market Activity- •Market...more

McDermott Will & Emery

EU General Court Clarifies Rules on Gun Jumping

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On September 22, 2021, the EU General Court (GC) upheld a decision from the European Commission (Commission) by which it fined telecommunications operator Altice for gun jumping (T-425/18, Altice Europe v Commission). In...more

Morgan Lewis

North Macedonia Proposals Should Follow European Union’s Balanced, Risk-Based Cybersecurity Approach

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The European Union’s ongoing debate on how best to adequately frame and safeguard the secure implementation of 5G technology in EU and EU member state domestic legislation has reached the countries applying for accession to...more

Womble Bond Dickinson

You Have Been Weighed in the Balance and Found Wanting (Or at Least, Inadequate)

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Article 45 of the GDPR allows the transfer of personal data from the EU to a third country when the third country ensures an “adequate level of protection” (adequacy decision). In determining “adequacy,” the GDPR provides...more

Akin Gump Strauss Hauer & Feld LLP

Updated 5G National Security Report Issued by European Commission

- On July 24, the European Commission (EC) published an updated report (the “Report”) on the progress made by member states in implementing measures aimed at addressing the national security risks and mitigation strategies...more

Sheppard Mullin Richter & Hampton LLP

Nota Bene Episode 89: European Q3 Check In - Merger Clearance and Data Protection Court Rulings and Brexit Updates with Oliver...

There is a lot currently happening in the European Union. From the latest European Court opinions with respect to merger clearance, dominance violations, data protection and state aid to Brexit, we’re checking in with our...more

Morgan Lewis

EU General Court Annuls Commission Decision to Block UK Telecoms Merger

Morgan Lewis on

The European Commission’s ability to block mergers in oligopolistic markets is likely to be more restricted as it faces greater evidential hurdles in meeting the higher standard of proof imposed by the EU General Court, which...more

Jones Day

European Commission Considers Expanding Investigative and Regulatory Authority in Digital Sector

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The European Commission recently launched two consultations that would expand its investigative powers and establish regulations for digital platforms. The Commission intends to close perceived gaps in its authority to remedy...more

White & Case LLP

A wake up call from Luxembourg?

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Four years after the European Commission (“EC”) thwarted Hutchison’s attempt to consolidate the UK mobile telecoms market through its planned acquisition of O2, the General Court yesterday dealt a crushing blow to the...more

Jones Day

Member State Implementation of the EU 5G Toolbox: Legal Issues Raised

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In January 2020, the European Commission endorsed the Toolbox of mitigating measures agreed by the Member States of the European Union to address security risks related to the rollout of 5G. The protection of national...more

A&O Shearman

At risk of oversharing: considerations for mobile network sharing agreements in the 5G era

A&O Shearman on

On 6 March 2020, the European Commission (Commission) cleared the acquisition of joint control over Infrastructure Wireless Italiane (INWIT) by the two largest Italian telcos, Telecom Italia (TIM) and Vodafone, which will...more

BCLP

EU Commission Hits Qualcomm with Fine of EUR 242 million for Predatory Pricing

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For a second time in 18 months the EU Commission has slapped a large antitrust fine on Qualcomm, the world’s largest chip manufacturer. On 18 July 2019, the European Commission announced that it has imposed a fine of EUR 242...more

White & Case LLP

One step closer to group actions (collective redress) in the EU

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On March 26th 2019, the European Parliament approved in a plenary vote rules allowing groups of consumers harmed by illegal practices to launch collective actions and seek compensation....more

Jones Day

Connected Cars and Autonomous Driving—EU Antitrust Challenges (Part I)

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The Background: The automotive industry has achieved a number of technological advances aimed at developing connected cars, automated vehicles, and ultimately autonomous driving. These innovations are expected to pose a...more

BCLP

Commission imposes upon Dutch Cable & Telco company Altice a record fine of €125 million for gun jumping under the EU Merger...

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On 24th April 2018 the European Commission announced that it had imposed a fine of €124.5 million on Altice, the multinational cable and telecommunications company based in the Netherlands, for implementing its acquisition...more

Morrison & Foerster LLP

New Rules for the European Telecoms Sector: The European Electronic Communications Code

The existing European telecoms regulatory framework has not undergone any major amendments since 2009. The EU regulatory regime has been overtaken by technological and market changes. And, not only has the outdated regime...more

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