Altice Portugal files injunction against telecoms regulator over 5G auction rules

  • Lusa
  • 24 November 2020

The Portuguese company filed an injunction against Anacom on Friday and two complaints to the European Commission in the context of the 5G auction.

Altice Portugal filed an injunction against the regulator Anacom on Friday and two complaints to the European Commission in the context of the 5G auction, the official source of Meo’s owner told Lusa.

“Altice Portugal filed an injunction against telecoms regulator Anacom and two complaints to the European Commission last Friday, in particular to DG COMP [competition] and DG CONNECT [responsible for policies on the digital economy and society and the Digital Agenda]”.

“This 5G regulation represents a huge step backwards for competitiveness and calls into question the sustainability of the sector, shrinking and destroying investment and value creation, and is wounded by multiple illegalities with which we cannot comply,” the same source stressed.

The owner of Meo “brought an injunction against Anacom before the Administrative Court of Lisbon on the grounds of those illegalities”, and this initiative aims to “see the suspension of the rules of the 5G regulation that bias in an excessive and unjustified way, the auction in favour of new entrants”.

Furthermore, “in view of the preferential and disproportionate regime which Anacom has come to provide in the Regulation for the benefit of new entrants, Altice Portugal has also brought two complaints to the European Commission, to DG COMP and DG CONNECT, on the grounds of illegal state aid and failure to comply with the competent market analysis which should precede the imposition of asymmetrical measures”.

Altice Portugal is still awaiting the court’s decision on the injunction against Anacom brought in June 2020 “because it lifted the suspension of the public consultation on the 5G regulation when the decree law it had suspended was still in force”.

Finally, the owner of Meo “can only rejoice that several economic agents are denouncing the hostile attitude and autistic behaviour of the regulator, which only aims to defraud and destroy the sector,” pointing out that for more than a year it has been warning the country of “this situation.

Altice Portugal’s legal proceedings are in addition to those already advanced by NOS and Vodafone Portugal.

The deadline for submitting bids for the 5G auction ends this week, with all the incumbent telecommunications operators criticising the rules.