Case details

Print
Anticompetitive practices
Case reference
PRC/2003/2
Entities involved
  • PT Comunicações, S.A.
Natural persons involved
No
Sector
  • Telecommunications & Media
Activity (NACE)
  • J619 - Other telecommunications activities
Investigated practice
  • Abuse of dominant position
Legal provisions
  • European-EC Treaty-Article 82
  • National-Decree-Law 371/93-Article 3
  • National-Law 18/2003-Article 6
Case origin
Complaint
Dawn raids
No
Cooperation with sector regulators
  • ANACOM - Portuguese Communications Authority
Status
Closed
AdC’s decision
Sanctioning decision
Settlement
Sanction imposed
  • PT Comunicações, S.A. - €38,000,000.00
Summary of the case

By decision of the Board of the Autoridade da Concorrência, an infringement procedure was opened on 24 July 2003 on the basis of a complaint by TVTEL, which alleged that PT Comunicações, S.A. (PT) was refusing access to basic network infrastructures (namely ducts) for the purpose of laying cables and network infrastructures of that company. Subsequently Cabovisão - Televisão por Cabo, S.A. (Cabovisão) also subsequently complained that PT did not give it access to the pipelines and infrastructures which it owned.
On 10.9.2004 the Authority issued a statement of objections, and subsequently issued a supplementary statement of objections, on 13.7.2005, accusing PT of abusing its dominant position by refusing access to essential infrastructures to TVTEL and Cabovisão.

On 1.08.2007, the Authority issued a condemnatory decision, having concluded the existence of an illicit, namely, abuse of dominant position, through a competition of continued practices of refusal of access to essential infrastructures, having the object and effect of preventing, distorting and restricting competition, infringing the prohibition contained in article 6(1) of Law 18/2003, of 11 June, in article 3(1) of Decree-Law 371/93, of 29 October and in article 82 of the Treaty establishing the European Community. Imposed a fine of :€ 38,000,000

Timeline
2007-08-02
2007-08-01
2004-09-10
Statement of objections
2003-07-24
Case initiation
Judicial phase chronology - Final decision appeal
Click here to see your activities