Telekom’s decision against net neutrality might have given permission to its competitors to take similar steps. In April, internet policy activists were concerned that Arcor purchaser and important ISDN competitor Vodafone had started looking into data throttling as well, but that company responded by saying it was not currently considering so doing.
In a 30 May 2013 interview with the Frankfurter Allgemeine Zeitung, the president of the German anti-cartel authority [Bundeskartellamt] said that if Deutsche Telekom planned to allow providers to buy their way out of Telekom’s plans to slow down data to its flat-rate consumers, this might be anticompetitive because smaller providers might have trouble paying the new fees charged to resume normal data access or “purchase a priority treatment” as he put it. Yet the anti-cartel authority had decided to neither investigate nor prosecute for anti-competitive market access limitations in this case, merely to get “the clearest possible picture” of the situation. They were concerned that Telekom provide better information to its customers about whether they were close to exceeding data limits and about which services were counting toward customers’ volume limit (companies have until 2016 to make priority partnership agreements with Telekom to have Telekom stop counting their content toward Telekom customers’ volume limits). Also, the president of the anti-cartel authority said, the networks authority [Bundesnetzagentur] would be determining whether network neutrality was being violated enough to require further investigation. The F.A.Z. noted that Telekom is considered a major market player because it controls ~45% of the German DSL market, with ~12.4 million connections, according to the Bundesnetzagentur.
(DROSS ell com.)