NMa conditionally approves Dutch fibre optic joint venture


The Dutch competition authority, the NMa, has granted conditional approval for the acquisition of joint control over fibre optic company Glasvezelnet Amsterdam (GNA) by Reggefiber Group, a Dutch fibre optic company, and the municipal organisation Amsterdam Development Corporation (OGA).

The conditions imposed by the NMa are intended to ensure that the joint venture would not disadvantage BBned, a telecom company that has a long-term contract with GNA.  The NMa has therefore required that BBned must have the opportunity, at any stage in the future, to switch to Reggefiber Group’s regulated network.

As Reggefiber Group is already obliged to ensure that telecom companies are provided with access to the Amsterdam fibre optic network on a non-discriminatory basis, the NMa did not have any further competition law concerns relating to the joint venture.  The NMa’s decision in this case follows its previous decisions of 19 December 2008 and 28 July 2009, in which the NMa imposed conditions on Reggefiber Group, which is a joint venture between the Dutch telecom company KPN and Reggefiber.  Those conditions include a requirement for access to be provided to the joint venture’s fibre optic network in a non-discriminatory way to telecom companies and on a capped tariff.

Source: www.nmanet.nl, 21 October 2009