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Germany Drops 1&1 Penalty After Court Faults 5G Rules as Vodafone Challenges Antitrust Case

A Cologne ruling on political interference stripped the legal basis for sanctions.

Overview

  • The Federal Network Agency confirmed it will no longer pursue fine proceedings against 1&1 over missed rollout targets tied to the 2019 auction framework.
  • 1&1 had only five active sites by the end of 2022 against a 1,000-site obligation, a lapse that could have reached about €50 million at up to €50,000 per site.
  • Citing the court decision, the regulator plans to re-run the 5G frequency allocation to restore legal clarity, while existing assignments remain in force for now.
  • Separately, Vodafone has sought preventive relief at the Düsseldorf Higher Regional Court, alleging bias at the Federal Cartel Office in its abuse probe.
  • The cartel office and 1&1 deny the claims of partiality; investigators have signaled that delayed site provisioning impeded 1&1, and Vantage Towers is roughly 50% owned by Vodafone.