The Dutch Trade and Industry Appeals Tribunal (CBB) found in favour of KPN in a judgement of 3 May 2011 concerning market definition for unbundled local loops (cases AWB 10/498, 10/536 and 10/545).  Market definition was a critical issue in KPN’s appeal against a market assessment decision by Dutch telecom regulator OPTA.  In essence OPTA argued in its decision of 2010 that unbundled copper local loops (MDF-access and SDF-access) and fiber to the home (FttH) local loops (ODF-access) are part of the same market as fiber to the office (FttO) local loops.  Based inter alia on a report prepared by RBB, the Tribunal found that OPTA had not proven that FttO local loops are part of the same market. RBB assisted KPN in this matter alongside Allen & Overy.  

On 3 May 2011, the Dutch competition authority (NMa) unconditionally cleared the acquisition of Oxxio by Eneco.  Eneco and Oxxio are supplier of electricity and gas on the Dutch market.  Prior to the acquisition, Oxxio was a subsidiary of Centrica. RBB was instructed by Houthoff Buruma, counsel to Eneco.  The decision of the NMa can be found here.

Richard Murgatroyd spoke at the Price Fixing & Collusion Conference on 26 & 27 May 2011 in Gauteng, South Africa. Richard  discussed the underlying economics of coordination and the estimation of its effects, for the purposes of authority investigations and private damages claims. See here for further details.

On 22 March 2011 the UK Competition Appeal Tribunal (CAT) reached its Judgment on a dispute between BT and Ofcom regarding the prices charged by BT for partial private circuits to alternative network providers. The CAT dismissed BT’s appeal in its entirety – see here . RBB was instructed by Olswang, counsel to a group of alternative network providers who acted in support of Ofcom’s position on this case, and the expert evidence from RBB is cited in the Judgment. As a result of the Judgment, BT is obliged to pay back to the alternative network providers the full overcharge identified by Ofcom.

Simon Bishop spoke at the ICF 18th St. Gallen International Competition Law Forum which took place on 7-8th April 2011, in Switzerland.  See here for further details.

Adrian Majumdar spoke at the BIICL 9th Annual Merger Conference which took place on Thursday 17th March 2011, at The Law Society, 113 Chancery Lane, London.  Adrian chaired a panel on recent developments in the analysis of unilateral effects.  See here for further details.