Entreprise des Postes et Télécommunications successfully challenges attempt by Luxembourg competition law authority to prohibit "quadruple play" package offer

Client(s) Entreprise des Postes et Télécommunications

Representing Luxembourg's incumbent telecom operator Entreprise des Postes et Télécommunications ("EPT"), Jones Day successfully challenged the very first case in which the Conseil de la concurrence (competition law authority in Luxembourg) imposed interim measures for alleged anticompetitive behavior. The EPT was alleged to have abused its dominant position, inter alia, by offering a "quadruple play" package that included mobile telephony, fixed telephony, broadband access, and digital TV service. We succeeded in persuading the Administrative Tribunal to overturn, in 2008, a decision by the President of the competition authority to impose interim measures that would have prevented the EPT from marketing the quadruple play offer. After an appeal by the State, the Tribunal's decision ultimately was confirmed by the Cour administrative (Administrative Court), the highest administrative authority in Luxembourg.

Additional information is available in the Court's decision, dated 4 March 2010.

Numéro 25855C, Cour administrative du Grand-Duché de Luxembourg