Vodafone filed its suit at the court in The Hague, claiming KPN abused its dominant market position. Vodafone said KPN repeatedly did not meet its commitments to deliver technology needed for Vodafone's fixed offer. KPN owns the DSL network in the country and the main FTTH network.
In the crucial expansion phase of the triple-play market, KPN and its subsidiary Telfort were building market share, while Vodafone said it was unable to compete. Vodafone cited a number of cases in other EU markets that supported its position, such as a dispute against Irish incumbent Eir by alternative operators, the recent fine against Telefonica in Spain and a fine upheld against Telecom Italia earlier this year for abuse of dominant market position.
Vodafone said it's asking the Dutch court for an initial ruling confirming KPN's "unlawful behaviour". The company filed a civil suit rather than a complaint with regulator ACM, as the claims concerns a commercial agreement with KPN, rather than regulated wholesale access to its network. A Vodafone spokesman said the company had agreed in 2011 national access for its triple-play offer on the DSL network, but KPN was unable to deliver and in the end provided a platform with access only to the FTTH network, with limited functionality.
A spokesman for KPN said the company did not recognise Vodafone's claims and will await a court summons before any further comment.
