ACM turns down request for enforcement by telecom provider CBizz

The tariffs that telecom provider KPN used in the tender process for business fiber-optic connections in two western Dutch municipalities (Westland and Midden-Delfland) were not in violation of the Dutch Competition Act. The Netherlands Authority for Consumers and Markets (ACM) has come to this conclusion after an investigation into this matter. ACM has therefore turned down the request for enforcement filed by CBizz, one of KPN’s rivals. Like KPN, CBizz is active as a provider of business fiber-optic connections.

Unregulated tariffs

In tender processes for business fiber-optic connections, KPN is allowed to set its own tariffs and conditions in its bids. Since September 2015, the tariffs for business fiber-optic services are no longer unregulated. CBizz had asked ACM to take action against KPN. CBizz was of the opinion that KPN’s tariffs violated the Dutch Competition Act. That is not the case here.