On Tuesday 24 April, the European Commission handed down a fine of €124.5 million to Altice, as it considers that the company took control of the telecoms operator PT Portugal before this operation had been notified to, and authorised by, the institution.
In February 2015, Altice notified its plans to the Commission, which authorised them conditionally on 20 April of the same year. It then sent the Dutch company a statement of objections on 18 May 2017, expressing concerns that the acquisition was carried out before it had been authorised, and even before it was notified (see EUROPE 11791).
Tuesday's decision confirms these concerns. The Commission notes that the purchase agreement between the two entities had the effect of transferring the right of veto over PT Portugal's decisions to Altice before the institution gave the transaction its blessing. Furthermore, Altice was able from that point in time to exercise a determining influence over the activities of Portuguese company, particularly through instructions or the receipt of information.
Finally, the Commission notes that the fine in no way calls into question its decision of 20 April 2015.
Altice, which considers that the Commission's decision is unfounded, reacted rapidly and announced in a press release that it intended to appeal against it before the General Court of the European Union. (Original version in French by Lucas Tripoteau)