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Forcing access to networks can't hinder competitive market, EU court says

( November 20, 2025, 14:47 GMT | Official Statement) -- MLex Summary: National regulators that decide on access obligations to networks operated by companies with significant market power must check whether imposing the duties would "hinder the emergence of a sustainable competitive market," the EU's highest court said Thursday. The EU Court of Justice said that authorities must also ensure that the duty is based on the "nature of the problem identified in the market analysis" and is "necessary and proportionate." The verdict follows a referral from the Cologne Administrative Court in a dispute pitting Telekom Deutschland against Germany over a decision adopted by the Federal Network Agency, which said that Telekom, as a result of its market power, had to grant other companies access to various civil engineering assets. The judgment is attached. The case reference is Telekom Deutschland GmbH v Bundesrepublik Deutschland — C- 327/24. ...

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