The Bundeskartellamt, Germany's competition authority, has reviewed the cooperation between EWE AG and Telekom Deutschland GmbH in Glasfaser Nordwest GmbH & Co. KG, determining it complies with antitrust laws. The review was concluded today after the companies resolved the remaining competitive concerns through commitments.

Glasfaser Nordwest, established in early 2020, aims to advance fiber optic expansion in northwestern Germany. It does not directly serve end customers but provides access to its fiber network for other telecommunications providers, enabling them to offer their own fiber products.

The Bundeskartellamt had previously examined this cooperation in late 2019, temporarily halting the procedure after the companies made interim commitments. These commitments included a minimum expansion of fiber connections and non-discriminatory access to their fiber infrastructure for competitors.

The latest review found no significant competitive concerns, as the expansion in the cooperation area has progressed significantly, surpassing initial goals and exceeding the national average.

Andreas Mundt, President of the Bundeskartellamt, noted that a self-sustaining expansion dynamic has developed sooner than expected, with approximately 90% of households and business locations in the area expected to have fiber network access by the end of the year, largely due to Glasfaser Nordwest's contributions.

Previous commitments required Glasfaser Nordwest to wait nine months after a decision to expand before commencing work, effectively preventing it from undermining competitors' expansion plans. This commitment has proven effective and will be extended.

Non-discriminatory access to Glasfaser Nordwest's infrastructure is now secured and utilized by many companies, allowing end customers to choose from various internet providers. The Federal Network Agency also regulates Glasfaser Nordwest's wholesale offerings to ensure open network access.

Despite Glasfaser Nordwest's commercial concessions exceeding regulatory requirements, the authority's decision was not influenced by the company's failure to meet some marketing targets for early 2024 due to lower-than-expected demand for fiber connections.

The new commitments will remain in effect until December 31, 2030, with the Bundeskartellamt reserving the right to revisit the case at that time, although it anticipates that fiber connection expansion will be completed by then.

This procedure does not affect the ongoing complaint before the Düsseldorf Higher Regional Court regarding the merger control approval of Glasfaser Nordwest's establishment by the Bundeskartellamt in 2019.