This decision concerns the analysis of the wholesale market for the unbundled access and the wholesale market for the bitstream access. It concludes that Belgacom has significant market power on these markets and therefore imposes a series of obligations to fulfil on the operator.
On 12 November 2008, an addendum to this decision was issued to take into account certain developments for Belgacom’s network (progressive removal of the ATM network, roll-out of the VDSL2 technology, closing down of local exchanges).
Following an appeal lodged by Belgacom, the decision was partially annulled by the Brussels Court of Appeal on 12 May 2009.
In order to remedy this partial annulment, BIPT adopted a renewal decision on 2 September 2009. Belgacom lodged an appeal against this renewal decision but then withdrew its action.
11/05/2006 - Analysis by Damien Géradin, independent legal expert