Vodafone Germany challenges antitrust probe over 1&1 5G rollout delays

Vodafone Germany has taken the Federal Cartel Office (Bundeskartellamt) to court, accusing it of running a biased and procedurally flawed investigation into alleged obstruction of rival 1&1’s 5G network build. The case stems from 1&1’s 2019 spectrum win and a 2021 agreement with tower company Vantage Towers – half-owned by Vodafone – to access up to 5,000 sites, with 3,800 due by 2025. By late 2022, 1&1 said it had been given access to only five sites and complained to the antitrust authority, which then opened a probe into delays at Vantage.

Vodafone now argues the watchdog has overstepped its powers and allowed 1&1 undue influence, and has requested interim legal relief from the Higher Regional Court in Düsseldorf. Its lawyer, Walther Graf, submitted a 65-page complaint describing the conduct as unprecedented in his career. The Bundeskartellamt rejects the accusations, saying it is acting impartially and that its president regularly speaks with executives from both companies. 1&1 also denies any improper coordination with the authority.