Kabel Deutschland is taking legal action against Deutsche Telekom in a bid to obtain a retrospective price reduction for the co-use of cable ducts.
The cable operator is looking for a two-third reduction in the €100 million annual fee and a further €273 million plus interest for what it perceives to be amounts it has overpaid.
KDG is basing its claim on alleged abusive excessive pricing and follows new pricing set by the German Federal Network Agency of the annual fees for the co-use of Deutsche Telekom’s cable ducts for access to street cabinets used for VDSL offers up to June 30, 2013 at a level which is significantly lower than the price KDG is currently paying.
KDG says there are no differences between the regulated ducts and the ducts used by itself which would justify a difference between the price payable by KDVS and the respective regulated price.
The proceedings themselves could take several years to conclude.
