E-12/20 Telenor ASA and Telenor Norge AS v EFTA Surveillance Authority


E-12/20 Telenor ASA and Telenor Norge AS v EFTA Surveillance Authority


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Deadlines: Motivation ministry:    26 January 2021
Written observations:                    11 March 2021

Keywords : competition; telecom; 

Subject :

Directive 2006/73/EC of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive;

Facts of the case:

Telenor ASA is a global telecommunications operator that offers its services in the Nordics, and in Asia. Telenor Norge AS, which operates in the Norwegian market for telecommunication services, is its subsidiary. The EFTA Surveillance Authority (ESA) adopted a Decision on 29 June 2020, which in summary concluded that Telenor has infringed Article 54 EEA by applying unfair tariffs not allowing equally efficient competitors, relying on wholesale access and origination services on Telenor’s public mobile telephone network in Norway, to replicate the stand-alone MBB services offered by Telenor Norge AS to residential customers in Norway without incurring a loss, including wholesale NRO tariffs to Network Norway from 1

August 2008 to 31 August 2010, wholesale MVNO tariffs to Ventelo from 1 January 2008 to 30 November 2010 and wholesale Service Provider tariffs from 1 January 2008 to 31 December 2012. ESA imposed three separate fines of EUR 32 562 000, EUR 27 783 000 and 51 606 000, respectively, in total EUR 111 951 000, on Telenor, and ordered Telenor to immediately bring such acts to an end insofar as it had not already done so. In addition, ESA ordered Telenor to refrain from repeating such conduct, and any conduct having the same or equivalent object or effect. The Decision holds Telenor ASA and Telenor Norge AS jointly and severally liable for the fines in question.

Application summary:

The Applicants respectfully request the Court:

•          to annul the Decision of 29 June 2020 in Case No 71480 Telenor in whole;

•          in the alternative, to annul the Decision in part, that is in relation to two or one of the contested individual infringements; and

•          in the alternative, to annul the Decision in part in relation to SPs, in so far as 2011 and 2012 is concerned;

•          in the alternative, to annul or reduce the fines imposed on the Applicants in exercise of the Court's unlimited jurisdiction; and

•          to order ESA to pay the Applicants’ costs and expenses in connection with these proceedings.

Cited (recent) case-law

Policy Area: EZK