The Court agreed to VodafoneZiggo’s defence, which showed that ACM’s arguments in support of the WFA decision were incorrect. Amongst other things, the judge finds the analyses of the undersigned and Paul de Bijl to be decisive:
The Court follows Ecorys, where it states in its report “Wholesale access to cable” of 23 November 2017 that, (even) in the absence of regulation, VodafoneZiggo has no business case for providing wholesale access. It follows that, regarding the provision of wholesale access, the interaction between KPN and VodafoneZiggo is not symmetrical. Rather it is asymmetrical as providing access is more attractive for KPN than for VodafoneZiggo. For this, VodafoneZiggo refers to the report “A review of ACM’s game theory analysis” by Radicand Economics 2018.
Of course, our analyses would not have been as effective without the excellent pleas of Freshfields’ lawyers Winfred Knibbeler and Alvaro Pliego Selie and the sharp reviews of VodafoneZiggo’s regulatory affairs manager Stein Smeets. Thank you for your confidence and asking us to be part of the team. Congratulations on this victory.