Dutch Appeals Tribunal reverses OPTA decision

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.