1&1 Drillisch Aktiengesellschaft: Expert intends to declare price increase by Telefónica to be unjustified
GAP-News: 1&1 Drillisch Aktiengesellschaft / Key word(s): Miscellaneous
Expert intends to declare price increase by Telefónica to be unjustified
Maintal, 27 May 2020. Today, 1&1 Drillisch has received the draft expert opinion in the proceedings to review a price increase implemented by Telefónica. Telefónica had increased the advance service prices under the MBA MVNO agreement in December 2018 retroactively by around EUR 64 million with reference to the 2015 frequency auction.
1&1 Drillisch has rejected this price increase as unjustified. In his draft expert opinion, the expert has now announced that the price increase is entirely unjustified. Accordingly, the price increase is without effect and does not result in any payments by 1&1 Drillisch.
The parties may comment on the draft expert opinion. The final expert opinion is expected by the middle of the year. This will conclude these proceedings and no expert proceedings initiated by Telefónica will be pending anymore.
With regard to the MBA MVNO agreement, the Price Reviews 2 and 5 which were initiated by 1&1 Drillisch and the request for arbitration against the result of Price Review 1 are still ongoing. In these proceedings, 1&1 Drillisch is seeking substantial retroactive price reductions. Price increases are excluded.