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Portuguese 3G operator OniWay files complaint against Vodafone in the European Commission, for infringement of competition law
July 8, 2002
LISBON -- OniWay, a new Portuguese 3G operator, filed yesterday in the European Commission, a formal complaint against Vodafone for infringement of competition law, by abusing its dominant position as a result of a repeated refusal to interconnect with OniWay mobile network. This complaint, filed with European Commission's DG Competition (former DG IV), is based on the infringement of article 82 of the Treaty of Rome, relating to abuse of dominant position in the common market, or in a substantial part of it. The Portuguese subsidiary of the UK based Vodafone Group has been acting in clear violation of EU competition law, as well as demonstrating a discriminatory behaviour on the group's policy adopted at European level both on interconnection and national roaming matters. At the same time, OniWay considers that Vodafone, further to being in disrespect of Portuguese law, is seriously harming the credibility of the Portuguese telecommunications watchdog, ANACOM, by repeatedly disregarding its regulatory decisions. Vodafone, by controlling access over one third of mobile subscribers in Portugal, was declared as having significant market power in the mobile market, and its large customer base makes impossible for OniWay to launch commercial services if it is unable to provide its customers communications to Vodafone's network. OniWay is further considering the possibility of filing a civil lawsuit against Vodafone for the damages arising of its unlawful conduct. OniWay Vodafone Group PLC
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