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Contesting the exclusivity of a premium smartphone sale granted to an incumbent operator

Expertise : Competition

Business challenge

  • A European MNO filed a complaint with the Competition Authority about the exclusive distribution of a premium brand of smartphones to another MNO in the same domestic market, contesting that this constitutes an unjustified vertical restraint.


The method employed by TERA consists of two major steps:

  • To prove the existence of a specific relevant market for smartphones, using sophisticated techniques for data analysis,
  • To calculate, based on accounting data, the efficiencies generated by the practice of exclusivity to show that they do not redeem the anti-competitive practice, given the length of the exclusivity period.

Benefits and results

  • The Competition Authority ordered an end to the exclusivity as a precautionary measure.
  • The Authority's decision was upheld by the Court of Appeal, which led to an end to the exclusivity.