Merger Case M.7018 | Acquisition of E-Plus by Telefónica Deutschland

Author (Corporate)
Publication Date 2013-
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Reports of the in-depth investigation carried out by the European Commission over the proposed acquisition of telecommunications company E-Plus by Telefónica (Deutschland).

Further information:

The European Commission opened on 20 December 2013 an in-depth investigation to assess whether the planned acquisition of of E-Plus of Germany by Telefónica Deutschland (Telefónica) was in line with the EU Merger Regulation, due to concerns that the transaction could reduce competition in the markets for retail mobile telephony and for whole sale access and call origination in Germany. In January 2014, the Commission rejected a request from Germany to refer the planned acquisition to the German competition authority for assessment under German competition law.

On 2 July 2014, the Commission announced the endorsement under the EU Merger Regulation if the proposed acquisition of E-Plus by Telefónica Deutschland. This was subject to full compliance with commitments submitted by Telefónica. However, the Commission on 22 February 2019 issued a new Statement of Objections following the company's breaking of commitments its had offered to secure the approval of the transaction. According to the Commission, Telefónica had failed to offer wholesale 4G service to all interested players at 'best prices under benchmark conditions'.

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Related Links
The New York Times, 23/07/2013: Telefónica to Buy E-Plus of Germany From KPN
Euronews, 22/02/2019: EU regulators accuse Telefonica of breaking merger promise
Reuters, 02/07/2014: EU clears Telefonica Deutschland's takeover of E-Plus

European Commission: Press Release, 20/12/2013: Mergers: Commission opens in-depth investigation into Telefónica Deutschland's acquisition of E-Plus
European Commission: Press Release, 30/01/2014: Mergers: Commission continues investigation of Telefónica Deutschland / E-Plus merger without referral to Germany
European Commission: Press Release, 02/07/2014: Mergers: Commission clears acquisition of E-Plus by Telefónica Deutschland, subject to conditions
European Commission: Mergers: Commission clears proposed merger between Telefónica Deutschland (Telefónica) E-Plus subject to conditions [FAQs]
European Commission: Statement of Vice President Almunia on Commission conditional clearance decision approving aquisition of E-Plus (Germany) by Telefónica Deutschland (Germany)
European Commission: Press Release, 22/02/2019: Mergers: Commission alleges Telefónica breached commitments given to secure clearance of E-Plus acquisition

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