The Spanish regulator CNMC has fined Telefónica €6 million for breaching commitments it accepted when taking over the pay-TV operator DTS.
In a statement, it says that in 2015 the telco voluntarily presented a series of commitments to be able to acquire DTS and preserve competition in the market. These included not to impose permanent conditions in its Movistar Fusión offers.
CNMC adds that The National Court recently validated the decision of the regulator’s decision to extend the validity of the commitments presented by Telefónica until April 2023.
However, the packaged commercial offer of Movistar Fusión retail services with rental of a smartphone (valid from April 11 to August 1, 2021), violates the commitments to which the merger operation with DTS was subject.
CNMC concludes by saying that failure to comply with the provisions of the commitments of a concentration operation is a very serious infringement under article 62.4.c of the Law for the Defense of Competition (LDC). As a result, it has imposed the fine on Telefónica.
Telefónica can now appeal the decision to the National Court within a period of two months.
