23.9.2015   

EN

Official Journal of the European Union

C 314/3

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 9 October 2014 concerning a preliminary draft decision relating to Case AT.39523 — Slovak Telekom

Rapporteur: Belgium

(2015/C 314/03)

I

1.

The majority of the Advisory Committee agrees with the European Commission’s definition of the relevant product market as encompassing:

—

The wholesale market for access to the unbundled local loops (LLU); and

—

The retail mass market for broadband services offered at a fixed location.

A minority abstains.

2.

The majority of the Advisory Committee agrees with the Commission that the relevant geographic market is the whole territory of Slovakia. A minority abstains.

3.

The majority of the Advisory Committee agrees with the Commission that, at least between 12 August 2005 and 31 December 2010, Slovak Telekom held a dominant position in the wholesale market. A minority abstains.

4.

The majority of the Advisory Committee agrees with the Commission that, at least between 12 August 2005 and 31 December 2010, Slovak Telekom held a dominant position in the retail market. A minority abstains.

5.

The majority of the Advisory Committee agrees with the Commission that Slovak Telekom abused its dominant position on the relevant market by refusing to supply its wholesale products to alternative operators between 12 August 2005 and 31 December 2010. A minority abstains.

6.

The majority of the Advisory Committee agrees with the Commission that Slovak Telekom abused its dominant position by achieving a margin squeeze between its wholesale prices and its retail prices between 12 August 2005 and 31 December 2010. A minority abstains.

7.

The majority of the Advisory Committee agrees that Slovak Telekom’s abusive practices may affect trade between Member States within the meaning of Article 102 TFEU. A minority abstains.

II

1.

The majority of the Advisory Committee agrees with the Commission that a fine should be imposed on Slovak Telekom and Deutsche Telekom. A minority abstains.

2.

The majority of the Advisory Committee agrees with the Commission that for the purposes of the calculation of the fine, the duration of the infringement is 5 years and 4 months. A minority abstains.

3.

The majority of the Advisory Committee agrees with the Commission on the basic amount of the fine. A minority abstains.

4.

The majority of the Advisory Committee agrees with the Commission that there are aggravating circumstances to be taken into account (recidivism). A minority abstains.

5.

The majority of the Advisory Committee agrees that the fine has to be increased in order to have a deterrence effect. A minority abstains.

6.

The majority of the Advisory Committee agrees with the Commission on the final amount of the fine. A minority abstains.

7.

The majority of the Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union. A minority abstains.