The Parties

T-Mobile Netherlands BV“T-Mobile Netherlands Holding B.V. (T-Mobile Netherlands BV) is a telecommunication service provider and a mobile virtual network operator (MVNO). The company was formerly known as Ben Nederland and is engaged in rendering prepaid telecom business operation, under the flagship brand of T-Mobile across the Netherlands. It caters a full array of calling features, cutting-edge services like tariff plans, mobile software solutions and other related packages etc. As of December 31, 2008, the company serves approximately 5.3 million customers of which 2.3 million customers are of contract customers and nearly 3.0 million were prepaid customers. Apart from this, the company has spanned its business operation throughout the region targeting general business market segments for its services. Additionally, T-Mobile Netherlands BV owns 58 T-Mobile shops and retains business partners such as, retailers, convenience stores and other entities for rendering their full range of services including Mobile phone top-ups, International phone cards and related accessories etc. The company is headquartered at Hague, the Netherlands.”[1.]

KPN Mobile NV – a Dutch landline and mobile telecommunications company. Formerly known as Koninklijke PTT Nederland, and before that Staatsbedrijf der Posterijen, Telegrafie en Telefonie or PTT. KPN was initially the publicly owned fixed line operator of the Netherlands. However, the Dutch government has privatized the company and sold the last shares it held in 2006. Its mobile division has approximately 33 million subscribers in the Netherlands, Germany, Belgium, France, and Spain. In the Netherlands, KPN is the owner of the Fixed Telephone Operations network and is the market leader in Mobile Network Operator.

Orange Nederland NV “As of October 1, 2007, Orange Nederland N.V. was acquired by T-Mobile Netherlands B.V. Orange Nederland N.V. provides communication services. It offers mobile, broadband, and multiplay services. The company operates in the United Kingdom, France, the Netherlands, Poland, Switzerland, Romania, Slovakia, the Ivory Coast, the Dominican Republic, Cameroon, Botswana, and Madagascar. Orange Nederland N.V. was formerly known as Dutchtone. N.V. and changed its name to Orange Nederland N.V. in March 2003. The company was founded in 1997 and is based in The Hague, the Netherlands.”[2.]

Vodafone Libertel NV“Vodafone Libertel N.V., a member of the Vodafone Group Plc, operates as a mobile telecommunications company in the Netherlands. Its services include SMS, data, GPRS, and UMTS. The company’s SMS information services provide information regarding sport, entertainment, lifestyle, amusement, and games; and its Wireless Web service offers customers continuous access to the Internet and public e-mail account from their GPRS handset. Data services include Data Connect application, which is an electricity meter cabinet with built-in SIMs, transmitting the power consumption daily to a central database. GPRS service is a packet-switched technology in which the user is always online. UMTS service offers higher transmission speeds than GPRS. Vodafone Libertel NV operates as a subsidiary of Vodafone Group plc.” [3.]


Raad van bestuur van de Nederlandse Mededingingsautoriteit – Netherlands Competition Authority

The NMa’s full name is Nederlandse Mededingingsautoriteit or Netherlands Competition Authority in English. The NMa is an independent government organization that enforces compliance with the Dutch Competition Act and with a number of specific laws for the energy and transport industries. The NMa consists of a Board, four departments (two of which deal with Anti-competitive matters) and two supporting departments, all together the Nma employs approximately 400 personnel.

The Board is the governing body of the NMa and consists of a chairman and two members. The Board is supported by a Chief Economist, who applies economic insights and carries out economic analyses. The Chief Economist subsequently makes statements with regard to competition and antitrust-law matters.

Within the NMa, two departments, the Competition Department and the Legal Department enforce the Dutch Competition Act. These two departments are charged with oversight on all industries of the Dutch economy. Specifically, the Competition Department and Legal Department focus on areas such as Anti cartel enforcement, Prohibition of abuse of a dominant position, and concentration control.