KPN (2011)

Dutch telecom operator KPN asked RBB for advice in a procedure relating to the Dutch telecom regulator’s assessment of the wholesale market for unbundled local loops (ULL). On the issue of market definition, OPTA concluded that local loops of fiber networks in business areas (FttO) would be part of the same relevant market as copper local loops and local loops of fiber networks in residential areas (FttH), and therefore that similar unbundling and access measures should apply to FttO networks. On appeal, the court found, also based on a report prepared by RBB, that OPTA had not proven FttO local loops to be part of the same market, and hence prevented OPTA to impose regulatory obligations with regard to FttO loops