1&1 Telecom v Commission, Multiconnect v Commission and Mass Response Service v Commission: Subsequent Interpretations of Scope and Content of Merger Commitments are not Challengeable Acts

摘要

On 2 July 2014, the European Commission determined that the acquisition by Telef6nica Deutschland Holding AG ("Telefonica") of E-Plus Mobilfunk GmbH & Co. KG ("E-Plus") was compatible with the internal market subject to certain commitments binding on Telef6nica (Case M.7018 Telefonica Deutschland/E-Plus, decision of 2 July 2014, C(2014) 4443 final). The commitments included, inter alia, an obligation to provide access to Telefonica 4G network to all mobile virtual network operators ("MVNOs") and service providers ("SPs") as well as an obligation to waive any contractual rights of termination of agreements that the merged entity had with all existing MVNOs/services providers until the end of 2025.