Final report of the Hearing Officer in case COMP/C-1/37.451, 35.578, 35.579 — Deutsche Telekom AG (pursuant to Article 15 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings (OJ L 162, 19.6.2001, p. 21)) (Text with EEA relevance)
Date: 2003-05-07
Institutions: European Commission
Subjects: competition law, report, telecommunications

C 288/2

EN

Official Journal of the European Union

29.11.2003

Final report of the Hearing Officer in case COMP/C-1/37.451, 35.578, 35.579 — Deutsche Telekom
AG

(pursuant to Article 15 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms
of reference of Hearing Officers in certain competition proceedings (OJ L 162, 19.6.2001, p. 21) (1))

(2003/C 288/02)

(Text with EEA relevance)

The draft decision in this case gives rise to the following observations regarding the parties' right to be
heard:

On 18 March 1999 Mannesmann Arcor, a German nationwide fixed network telephone operator,
for an alleged abuse of DTAG's
submitted a complaint against Deutsche Telekom AG (‘DTAG’)
dominant position. On 19 and 20 July 1999 further complaints on the same issue were submitted by
14 separate complainants, all German local and regional telecommunications operations active in different
German towns and cities.

A Statement of Objections (‘SO’) was sent to DTAG on 3 May 2002. DTAG received access to the file on
17 June 2002.

A non-confidential version of the SO was sent to the complainants on 31 May 2002.

The original deadline for DTAG to reply was two months from the date of receipt of the SO (i.e. 6 July
2002). On 14 June 2002, DTAG submitted a reasoned request for an extension of one month. After
considering the arguments I agreed to extend the deadline until 29 July 2002.

DTAG waived their right to request an oral hearing.

On 22 July 2002 a company that had submitted a reasoned request to be considered as an interested third
party, was admitted as such. This company was informed of the nature and subject-matter of the
procedure in this case by means of a non-confidential version of the SO.

The replies received from complainants were sent to DTAG on 24 September 2002. A further reply
received from the third party was sent to DTAG on 17 October 2002. DTAG replied to both sets of
comments on 25 October 2002.

On 21 February 2003 a letter was sent to DTAG informing them that the Commission intended to make
use of facts and figures relating to the time period following the SO that had already been communicated
by DTAG at the Commission's request,
information that had been
requested from DTAG further to their reply to the SO. DTAG was given three weeks to respond to
this letter. DTAG replied on 14 March 2003.

together with certain additional

The rights to be heard have been respected in this case. The draft decision deals only with objections in
respect of which the parties have been afforded the opportunity of making known their views.

Done at Brussels, 7 May 2003.

Karen WILLIAMS

(1) This final report is linked to Commission Decision 2003/707/EC of 21 May 2003 relating to a proceeding under
(OJ L 263,

Article 82 of the EC Treaty (Case COMP/C-1/37.451, 37.578, 37.579 — Deutsche Telekom AG)
14.10.2003, p. 9).