The National Commission for Markets and Competition (CNMC) has fined Xfera Móviles, a subsidiary of MásMóvil and company name of Yoigo, 1.5 million euro for not having notified the purchase of Alma Telecom, which had its own geographical number to provide the fixed call termination service.
The telecommunications operator will file a contentious administrative appeal considering the sanction “unfair”.
The body chaired by Cani Fernández recalls that failing to comply with the obligation to notify this type of acquisition in advance is known as gun jumping and constitutes a serious infringement of the Competition Law.
The CNMC ex officio required notification of the purchase on March 29, 2022. On May 18 of last year, the body’s council authorised the operation in the first phase without commitments.
For this reason, it affirms that Xfera Móviles acted “negligently”, and points out that the company could have resorted to previous voluntary mechanisms in case it had doubts about whether the operation should be notified.
Thus, it considers proven the breach by Xfera Móviles of the obligation to notify the acquisition of exclusive control of Alma Telecom, and imposes a fine of 1.5 million euro.