スペインの電話会社のTelefonicaは、スペインとポルトガル市場で競争しないために、2010年に、Portugal Telecom と市場共有協定を結び、欧州委員会からTelefonicaは、6600万00000ユーロの罰金、pORTUGAL Telecomは、1200万0000ユーロの罰金を課される
Bruselas multa a Telefónica con 66 millones por reparto de mercado
La española pactó con Portugal Telecom no competir en sus países de origen
Claudi Pérez / Luis Doncel Bruselas 23 ENE 2013 - 01:30 CET
Brussels fines Telefónica 66 million for market sharing
The Spanish agreed with Portugal Telecom will compete in their home countries
Claudi Perez / Luis Doncel Brussels 23 ENE 2013 - 01:30 CET
Telefónica is about to get a jug of cold water from Brussels. The European Commission announced today a fine ranging between 60 and 80 million euros-end was 66.8 million, the Spanish multinational by an agreement signed in 2010 with Portugal Telecom, which is punishable by another 12 million . Thanks to this partnership, the company headed by Cesar Alierta and Portugal agreed not to compete in the Iberian markets, which clashes with European Union rules to preserve competition. Brussels reported the amount of the fine to Madrid on Monday. The fine is set as a percentage of turnover and therefore greater for the Spanish company.
The organization led by Joaquin Almunia Spanish launched an investigation in January 2011 by the pact signed by the two telcos framed in buying the Brazilian mobile operator Vivo by Telefonica, which had closed operation a year earlier, in 2010.
The sanction to the Portuguese was 12 million euros
After opening the file, Telefónica argued that the contract had already provided that this clause would take effect only in the event that it were legal, so deep was void ab initio. The two carriers also canceled the agreement in February 2011, when Brussels had already started the process.
The clause now Brussels considers worthy of paying around 79 million euros was hatched as an attempt to reassure the Government of Portugal, very nervous during those days of 2010 for the possibility that the purchase of Vivo became the beginning of the landing Spanish multinational in the neighboring country.
It is the second major fines Telefónica, after the 152 million in 2007
But none of this convinces the responsible for Competition, recalling that this clause was applied for five months (July 2010 to February of the following year). Brussels accuses the two companies of partitioning the market, which is de facto practice increased prices and decreased supply consumers receive. When Brussels sent a statement of objections to the companies, the Community authorities recalled that the anti-competitive clauses are one of the most serious breaches of fair and healthy competition.
The criteria used to calculate the fine to be announced today will note that the unlawful practice occurred only five months. Competition services, used to punish companies that have reached secret agreements, are now faced with a case in which the anticompetitive practice was open and notorious.
This will be neither the first nor the biggest blow to Telefónica receives from the European competition authorities. Brussels in 2007 and sanctioned by a fine of 152 million euros. This time the reason was the attempt to get rid of Telefónica competitors imposing wholesale prices too high.
This fine, then the second highest imposed by the Commission, argued in 2007 with the "very serious abuse" of a dominant market position. Telefónica appealed for the "inexplicable, unjustified and disproportionate", but the European Court of Justice ratified it in March last year, dismissing the resources that the company had submitted both affected as the Socialist government of José Luis Rodríguez Zapatero. It is expected that this new Telefónica resort also fine.
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