Europe's Advocate Gen. Takes Narrow View Of Telecom Case

Law360 (September 9, 2020, 9:12 PM EDT) -- A top European Court of Justice official on Wednesday shot down the idea that a dominant telecom can be punished for "implicitly" refusing through unfair contract terms to make key infrastructure available to rivals and in doing so, make it harder to prove anticompetitive behavior.

In an opinion on two cases involving Deutsche Telekom AG and Slovak Telekom, the top court's advocate general said the tribunal should stick to the narrow view of a 1998 decision known as Bronner, which laid out the circumstances that would point to unfair use of market power. Expanding the case law's application would make it more difficult...

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