Mobile: EC is monitoring efforts to block access to Skype under anti-trust laws

[ep] The Honourable Member refers to recent press reports according to which Deutsche Telekom would block Voice over IP (VoIP) services such as Skype for use on iPhone over its network. The Honourable Member is concerned about the possible threat that such an action may pose to technological development and competition in Europe.

The Commission is aware of publicly available information(1) according to which T‑Mobile, Deutsche Telekom's subsidiary, intends to block Skype Internet telephony services over its network, allegedly because the use of Skype may damage the performance of the network (the data flows would be slowed down and the network could be overburdened) and T-Mobile would have to protect its network against this. The same limitation on use of Skype VoIP services would also apply over W‑Lan-Hotspots operated by T‑Mobile. T‑Mobile is not reported to be blocking other VoIP telephony services (such as Fring, Truphone, etc.) whose software is available for iPhone over Apple store or iTunes.

Articles 81 and 82 of the EC Treaty set out the Community antitrust rules. Whilst Article 81 of the EC Treaty prohibits all agreements and concerted practices among undertakings that restrict competition and may affect trade between the Member States, Article 82 of the EC Treaty prohibits all abusive unilateral conduct of undertakings in a dominant position that may affect trade between the Member States. Article 82 of the EC Treaty, among other things, bans market foreclosure, leveraging and other exclusionary conduct that harms competition.

Since early 2008, the Commission has been monitoring the conduct of mobile network operators with respect to new Internet based services such as mobile VoIP. The Commission has contacted the parties concerned to clarify allegations of blocking that have been reported in the press. No formal antitrust proceedings under Article 11(6) of Regulation (EC) No 1/2003(2) and Article 2(1) of Regulation (EC) No 773/2004(3) have been initiated so far. However, the inquiry is ongoing and issues like the one raised by the Honourable Member fall within its scope. If evidence of any anticompetitive behaviour is obtained the Commission is ready to use all available legal tools to ensure competition in telecoms markets is maintained.

Furthermore, the question of users’ rights to use the services of their choice is a major driver for the reform of the EU Telecoms Framework. The Commission is confident that the legislative process will produce a solution which will balance the various interests at stake and promote a thriving and innovative broadband market in Europe. The Commission also notes that the draft Roaming Regulation(4) which was supported by the Parliament in Plenary session on 22 April 2009 stresses that there should be no obstacles to the emergence of applications or technologies which can be a substitute for, or alternative to, roaming services, such as WiFi, VoIP and Instant Messaging services. The Commission will assess related roaming market developments and report to the Council and the Parliament in 2010.

Parliamentary questions - 15 May 2009 E-2669/2009 - Answer given by Ms Kroes on behalf of the Commission