April 11, 2025 – Bonn — Germany’s competition watchdog, the Bundeskartellamt, has issued a preliminary legal assessment accusing Vodafone Group, Vodafone GmbH, and Vantage Towers AG of anti-competitive conduct for allegedly obstructing the rollout of 1&1’s mobile network.
The allegations center on massive delays in providing 1&1 with access to thousands of antenna sites—a key element of a 2021 infrastructure-sharing agreement between 1&1 and Vodafone’s former radio tower division, Vantage Towers. According to the Bundeskartellamt, those delays may have illegally impeded 1&1’s entry as the fourth network operator in Germany.
“The delay in the contractually agreed provision of sites is to be considered an anti-competitive impediment to 1&1’s market entry,” said Andreas Mundt, President of the Bundeskartellamt. “The delay and its negative effects on competition could, and should, have been avoided.”
Background
Vantage Towers manages around 20,000 antenna sites across Germany and is still jointly controlled by Vodafone and two financial investors. While Vodafone remains the main lessee of these sites, Vantage’s business model also includes leasing infrastructure to third-party operators like 1&1. However, the agreement with 1&1—intended to run through 2025—has reportedly been marred by widespread delays, with 1&1 still unable to access the vast majority of promised sites.
Meanwhile, Vodafone has significantly expanded and upgraded its own mobile network, including on many of the sites earmarked for 1&1. The watchdog believes this has not only stalled 1&1’s network development but also hampered its position in frequency auctions, reinforcing Vodafone’s market power.
Potential Consequences
The Bundeskartellamt believes the behavior may violate Sections 19 and 20 of the German Competition Act (GWB), which prohibit abusive practices by dominant companies. It also suggests Vodafone’s failure to meet its obligations may have been a strategic move to delay a new competitor’s entry.
Negotiations since late 2023 between the watchdog and Vodafone to reach binding commitments failed, as the proposals did not sufficiently address the contractual obligations.
Now, the Bundeskartellamt is considering formal action, including ordering Vodafone and Vantage Towers to fulfill their obligations within three years, with additional enforcement measures possibly on the table. A final decision is expected by mid-2025.
The current move is a statement of objections, giving the companies an opportunity to respond before a final ruling is made.
