In the market analysis, ACM had imposed the obligation to provide access to third parties to KPN as well as VodafoneZiggo. According to ACM, in the absence of this obligation, KPN and VodafoneZiggo would enjoy collective dominance on the retail market for broadband internet or bundles including internet services.However, the CBb judged that ACM had not offered sufficient evidence for the existence of such joint dominance. Consequently, the regulation imposed to KPN and VodafoneZiggo lost its foundation and therefore the obligations to provide access could no longer hold.
