Drillisch Online GmbH ("Drillisch"), a 1&1 Drillisch Group company, has succeeded in a legal dispute against Telefónica Germany GmbH & Co. OHG ("Telefónica").
Telefónica had unilaterally and retroactively increased the wholesale prices under the MBA MVNO contract existing between the parties at the end of 2018 with reference to the costs from the 2015 spectrum auction. Telefónica charged Drillisch an additional net amount of around EUR 64 million. Drillisch has rejected the price increase as unjustified.
The arbitrator in charge decided on 17 December 2020 that the claimed price adjustment in the period under review (until 2020) is entirely unjustified. The price increase has no binding effect and does not lead to any payment obligations of Drillisch. At the same time, the arbitrator bindingly determined the calculation method for any future price adjustment claims by Telefónica with reference to the prices from the 2015 spectrum auction in favour of Drillisch.
Hengeler Mueller represented Drillisch in the arbitration proceedings. The team was led by partners Antonia Hösch (Dispute Resolution) and Daniela Favoccia (Corporate) (both Frankfurt) and included associates Katharina Hesse (Corporate/Regulatory, Düsseldorf), Laura Rothmann (Corporate, Frankfurt), Norman Koschmieder (Regulatory, Düsseldorf), Luisa Kuschel and Martina Aleksandrova (both Dispute Resolution, Munich).
Inhouse, Drillisch was represented by Marc Schütze (member of the management board, Drillisch Netz AG).