T-Mobile Austria said the Vienna Administrative Court has ruled that the refarming of frequencies following the merger of Orange and 3 should be examined by the European Court. T-Mobile says this vindicates its view that the merger put it at a serious competitive disadvantage. T-Mobile said it is significant that the Administrative Court has asked the European Court to take up the matter as accelerated proceedings and commented that this could raise uncertainties about the auction due in autumn.
When 3 Austria acquired Orange, it also took over most of Orange's frequencies, with a package in the 2.1 GHz band being sold to A1 Telekom Austria. Hutchison now has five blocks in that band, A1 has four and T-Mobile only three.
