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Allen & Overy advises KPN in obtaining conditional EC clearance for sale E-Plus

02 July 2014

Today the European Commission has conditionally approved the sale of E-Plus by KPN to Telefónica Deutschland. The conditional clearance follows an in-depth investigation that lasted for ten months.

Many regard the decision as an important precedent for further consolidation in the European mobile telecommunication sector. The transaction cannot be completed before Telefónica Deutschland has met the conditions for approval. These conditions include requiring the new entity to provide at least 20% of its network capacity to third parties on the basis of access agreements.

Allen & Overy advised KPN and E-Plus throughout the merger control proceedings. Allen & Overy’s competition law partner, Kees Schillemans, said: “The clearance by the European Commission followed a very intensive process in which we came across almost all aspects of complex merger control cases. The mobile telecommunication sector eagerly anticipated the results from a merger control assessment in the biggest mobile telecommunication market in Europe. Many view the decision as the blueprint for the assessment of future mergers between mobile network operators in Europe.It was indeed a privilege to work on this case side by side with KPN and E-Plus.”

From the KPN and E-Plus side, lawyers Jasper Spanbroek, Annemiek van Buren and Dirk Grewe were closely involved with the merger control proceedings. The Allen & Overy team was led by Kees Schillemans. The other members of the team were Tjarda van der Vijver and Kai Althaus.

For more information please contact Ellen Croes,, on 0031 20 674 1534