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Glasfaser Nordwest JV Cleared to Continue Operations

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Summary

The Bundeskartellamt closed its antitrust proceedings against Glasfaser Nordwest GmbH & Co. KG, a joint venture between EWE AG and Telekom Deutschland GmbH, after the parties renewed binding commitments through 31 December 2030. The JV, which rolled out fibre-optic networks in north-western Germany, had addressed competitive concerns through extended obligations including non-discriminatory network access and a nine-month waiting period before roll-outs. Roll-out rates significantly exceeded national targets with approximately 90 percent of households and businesses in the area expected to have fibre access by year-end.

What changed

The Bundeskartellamt concluded its investigation into the Glasfaser Nordwest joint venture between EWE AG (Oldenburg) and Telekom Deutschland GmbH (Bonn), finding no fundamental competition concerns after the parties renewed binding commitments through 31 December 2030. The renewed commitments include continued non-discriminatory wholesale access to fibre-optic infrastructure, installation of a minimum number of connections, and extension of a nine-month waiting period after roll-out decisions before starting deployment. The original commitments, offered in 2019 when the JV was established, had successfully prevented anti-competitive foreclosure of competitors' roll-out plans.

Glasfaser Nordwest is not required to take any specific action as the proceeding has been closed with favourable findings. The JV should maintain compliance with extended commitments through 2030, ensuring competitors receive non-discriminatory access to its fibre infrastructure. Regulated entities should note that the Düsseldorf Higher Regional Court appeal against the 2019 merger control clearance decision remains separate and unaffected by this closure.

Archived snapshot

Mar 31, 2026

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Current contents of the Federal Cartel Office

Glasfaser Nordwest can continue operations

26.03.2026

published on: 26.03.2026

The Bundeskartellamt has examined whether the cooperation between EWE AG, Oldenburg, and Telekom Deutschland GmbH, Bonn, within Glasfaser Nordwest GmbH & Co. KG was compatible with the prohibition of anti-competitive agreements. The proceeding was closed today after the parties involved addressed the last remaining competitive concerns through binding commitments.

Glasfaser Nordwest, a joint venture between the two companies, was established in early 2020 with the aim of advancing the roll-out of fibre-optic networks in north-western Germany. Glasfaser Nordwest is not itself active in the retail business; it offers its parent companies and other telecommunication providers access to its fibre-optic network. The companies can then use this network to offer end customers their own fibre-optic products.

The Bundeskartellamt already examined this cooperation project in late 2019 and temporarily discontinued the proceeding after the parties involved had offered time-limited commitments. In these commitments, the parties undertook, in particular, to install a minimum number of fibre-optic connections and to provide competitors with non-discriminatory access to their fibre-optic infrastructure.

The review of the cooperation has shown that it still does not raise fundamental competition concerns. The roll-out in the area covered by the cooperation is well advanced and has significantly exceeded the original roll-out targets, with roll-out rates well above the national average.

Andreas Mundt, President of the Bundeskartellamt: “ In the area covered by the cooperation, the roll-out became self-sustaining earlier than expected. By the end of the year, around 90 per cent of households and businesses in this area will have access to a fibre-optic network. Glasfaser Nordwest contributed significantly to achieving this.”

The previous commitments also stipulated that Glasfaser Nordwest had to wait nine months after each roll-out decision before starting the actual roll-out. This provision successfully prevented Glasfaser Nordwest from thwarting its competitors’ roll-out plans by starting its own roll-out at short notice. This commitment has proved effective in recent years and will therefore be extended.

The commitments also continue to ensure that competitors are provided with non-discriminatory access to Glasfaser Nordwest’s fibre-optic infrastructure. Many companies have started using this infrastructure. This allows end customers to choose between a large number of internet providers. Open network access is now also ensured by the national regulatory authority, the Bundesnetzagentur, which regulates Glasfaser Nordwest’s provision of wholesale services. However, until the very end of the proceeding which has now been closed, Glasfaser Nordwest continued to make commercial concessions that significantly exceeded the regulatory requirements. In view of this and the lower-than-expected demand for fibre-optic connections, the fact that Glasfaser Nordwest had not met some of the sales targets promised for early 2024 was ultimately not a decisive factor in the Bundeskartellamt ’s decision.

The renewed commitments remain effective until 31 December 2030. The Bundeskartellamt reserves the right to reopen the proceeding at that point, but expects that the roll-out of fibre-optic connections in the area covered by the cooperation will already have been completed by then.

This proceeding does not affect the appeal before the Düsseldorf Higher Regional Court against the Bundeskartellamt’ s decision from 2019 to clear the formation of Glasfaser Nordwest under merger control rules.

German Version:

  • ### Glasfaser Nordwest darf fortbestehen

26.03.2026

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Named provisions

Non-discriminatory access provisions Roll-out commitment obligations Nine-month waiting period requirement

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Last updated

Classification

Agency
BKARTA
Filed
March 26th, 2026
Instrument
Enforcement
Legal weight
Binding
Stage
Final
Change scope
Minor
Supersedes
2019 time-limited commitments

Who this affects

Applies to
Telecommunications firms
Industry sector
5170 Telecommunications
Activity scope
Joint venture oversight Network access regulation Fibre-optic infrastructure deployment
Geographic scope
Germany DE

Taxonomy

Primary area
Antitrust & Competition
Operational domain
Compliance
Topics
Telecommunications

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