ComCom clears the way for takeover of the mobile operator Orange by Xavier Niel

Bern, 12.02.2015 - The Swiss Federal Communications Commission (ComCom) is approving the commercial transfer of the mobile radio licences of Orange Network SA (Orange Switzerland). By doing so, it is enabling the mobile radio licensee to continue to use its spectrum rights after the takeover by a Xavier Niel company. Neither the licence conditions nor competition in the mobile telephony market will be adversely affected by this takeover.

When a licensee is taken over by another company, ComCom must approve this commercial transfer in advance in accordance with the Telecommunications Act (Art. 24d TCA). When it does so, it examines whether the statutory terms of the licence (e.g. technical capabilities) and the applicable law continue to be complied with under the new ownership conditions. In addition, ComCom ensures that competition in the telecoms market is not significantly affected (cf. Art. 23 TCA). 

On 18 December 2014 Apax Partners, Orange Switzerland's owner until now, announced that it had agreed to sell the mobile telephone operator to a company belonging to the French entrepreneur Xavier Niel. The parties submitted an application to ComCom to transfer the licence in January. 

After examining this application, ComCom is approving the transfer of the licence, since competition in the mobile telephony market will not be adversely affected by the takeover and Orange Switzerland will continue to comply with the conditions of the licence.


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