Defeat for Swisscom before ComCom

The Federal Communications Commission considers Swisscom to be a market leader and is requiring it to grant competitors access to its high-speed bitstream data network at cost-based prices.

 The Federal Communications Commission (ComCom) is forcing Swisscom to grant competitors access to the high-speed bitstream data network at cost-oriented prices. ComCom is taking this measure because it considers Swisscom to be dominant in this type of access, as confirmed by an expert opinion from the Competition Commission. In the spring, Parliament voted in favor of opening up the market over the last mile when revising the Telecommunications Act (see
). In March 2007, however, Swisscom refused to submit an offer to competitors for high-speed bitstream access at cost-oriented prices on the grounds that it was not market-dominant. For this reason, Sunrise filed a complaint with ComCom. ComCom has now come to the conclusion that Swisscom is dominant in the market for high-speed data lines, as it can act independently of its competitors. As ComCom announced on Thursday, in its view the competition from regional TV cable network operators is not sufficient to put Swisscom under sufficient competitive pressure.
Swisscom must now submit an offer to its competitors. If the parties do not agree on the prices, they can in turn file a complaint with ComCom.
The plaintiff Sunrise hopes in a communiqué that there will now be movement in the market. So far, it has not been possible to speak of functioning competition.
As expected, Swisscom is not satisfied with the decision. Competition in the broadband market is playing its part, it announced. Swisscom does not have a dominant market position and has therefore not made its competitors an offer for access to the high-speed data network. The ComCom ruling will be analyzed and a decision will then be made on an appeal to the Federal Administrative Court, spokesman Sepp Huber told SDA.

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