October 20, 2020

Competition opens a file to Telefónica for alleged discrimination in services to other operators

Competencia ha recordado que Telefónica debe prestar «a terceros recursos equivalentes a los que se proporciona a sí misma»


The National Commission of Markets and Competition (CNMC) reported Monday the opening of a sanctioning procedure against Telefónica for alleged discriminatory behaviors against its competitors in the times of provision and resolution of failures of wholesale services NEBA copper and fiber.

The CNMC has analyzed the period between January 2017 and March 2018 and, based on the data obtained, has found 'Sufficient evidence' that Telefónica would have breached the obligation of non-discrimination which is imposed by its position as an operator with significant power in the wholesale broadband markets.

In this sense, Competition has reminded that Telefónica must provide "equivalent resources to third parties to which it provides itself (*) under the same conditions and terms ». These conditions and terms are included in the wholesale offers approved by the CNMC.

"The non-discrimination obligation imposed by Telefónica refers both to the Quality of service as to delivery times and other conditions of supply, regardless of the physical location, "the agency said.

Competition has pointed out that Telefónica would have supplied services and repaired faults of its own customers in better terms than those recorded for the provision and maintenance of wholesale services provided to alternative operators.

In this way, the CNMC has considered that Telefónica phe could have incurred a very serious infraction of the General Telecommunications Law. Competition has qualified that the opening of this file does not prejudge the final result of the investigation. The agency will now have a maximum period of one year for the investigation of the file and for its resolution.


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