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ARTICLE · 24 MARCH 2011

Supreme Court Rules In T-Mobile Dominance Case

Schoenherr (Schönherr Rechtsanwälte)
Schoenherr (Schönherr Rechtsanwälte)
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Schoenherr (Schönherr Rechtsanwälte)

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The end of 2010 saw the end of the litigation against the largest mobile operator in Macedonia, T-Mobile.

AustriaAntitrust/Competition Law

The end of 2010 saw the end of the litigation against the largest mobile operator in Macedonia, T-Mobile. The Supreme Court upheld a decision by the Administrative Court finding that T-Mobile had abused its dominant position in the call termination market. As a result, the Commission for the Protection of Competition fined T-Mobile €785,426. The case arose because T-Mobile charged the caller from the moment when the voicemail box was 'opened' (ie, as soon as the voicemail notification message began), giving the caller no opportunity to choose whether he or she wanted to use the service (ie, by leaving a voicemail message). Moreover, the caller was not warned that he or she would be charged if he or she called a number that was unavailable.

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