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ARTICLE · 09 MARCH 2010

Orange/T-Mobile Merger Cleared By The Commission With Conditions

SJ Berwin LLP
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The Commission has conditionally cleared the proposed merger between Orange UK and T-Mobile UK at phase I of the investigation.

European UnionAntitrust/Competition Law
SJ Berwin'S EU & Competition Team
SJ Berwin'S EU & Competition Team

The Commission has conditionally cleared the proposed merger between Orange UK and T-Mobile UK at phase I of the investigation. In order to resolve competition concerns, the parties have agreed to amend an existing network sharing agreement with Hutchison 3G UK and to divest a quarter of their combined spectrum in the 1800 MHz band - which could be used by rivals to run faster mobile broadband services.

The proposed transaction consists of a 50/50 joint venture encompassing the mobile businesses of Deutsche Telekom's T-Mobile UK and France Telecom's Orange UK as well as the fixed broadband business of Orange UK. The Commission was notified of the proposed transaction under the EU Merger Regulation on 11 January 2010.

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