Policy Papers on Transnational Economic Law No. 51 Totally unacceptable? The impact of the announced Vodafone/Unitymedia merger on German markets from a competition law TRANSNATIONAL ECONO- MIC LAW RESEARCH CEN- perspective TER Law School Martin Luther University Dr. Ines Zenke/ Halle-Wittenberg Universitätsplatz 5 06108 Halle (Saale) Dr. Sven Leif Erik Johannsen Germany Tel.: +49 345 / 55 23149 / 55 23180 Fax: +49 345 / 55 27201 E-Mail:
[email protected] www.telc.uni-halle.de September 2018 Policy Papers on Transnational Economic Law No. 51 Totally unacceptable? e impact with regard to several German mar- of the announced Vodafone / kets. These issues are currently being Unitymedia merger on German debated among competitors and cus- markets from a competition law tomers and the academic commu- perspective nity. The Chief Executive of compet- itor Deutsche Telekom AG (herein- after referred to as “DTAG”), Timo- A. Introduction theus Höttges, already stated in Feb- On May 9th, 2018, Vodafone Group ruary 2018 that such a transaction Plc (hereinafter referred to as “Voda- would be “totally unacceptable” and fone”) confirmed press reports that it unlikely to get approval. The merger has agreed to acquire the German ca- of Vodafone and Unitymedia would ble network operator Unitymedia create a nationwide cable monopoly. GmbH (hereinafter referred to as The associations BUGLAS and “Unitymedia”). Unitymedia is cur- BREKO share this view and add that rently owned by the American tele- such fusion would also diminish eco- communication and television group nomic incentives to roll-out high- Liberty Global (hereinafter referred performance broadband networks to as “Liberty”).