CMA calls for EC to block O2/Three merger or force mobile network sell-off

The Competition and Markets Authority (CMA) has called on the European Commission to either block the proposed merger between O2 and Three or require the combined company to sell off one of its mobile networks to ensure that the UK market is still served by four mobile network operators (MNOs).

“We believe this merger would give rise to a significant impediment to effective competition in retail and wholesale mobile telecoms markets in the United Kingdom,” said Alex Chisholm, the CMA’s chief executive, in a letter to commissioner Margrethe Vestager, European Commission.

Chisholm also said that: “The proposed remedies are materially deficient as they will not lead to the creation of a fourth Mobile Network Operator (MNO) capable of competing effectively and in the long-term with the remaining three MNOs such that it would stem the loss of competition caused by the merger."

“The only appropriate remedy that would meet the criteria that the Commission is bound to apply… is the divestment – to an appropriate buyer approved by the Commission – of either the Three or O2 mobile network businesses, in entirety, or possibly allowing for limited ‘carve-outs’ from the divested business. The divestment would need to include the mobile network infrastructure and sufficient spectrum to ensure a commercially viable fourth MNO in the UK. Absent such structural remedies, the only option available to the Commission is prohibition."