Access by TMN to the number of subscribers to OPTIMUS between 1998-2001


On 28 May 2008, ANACOM decided to grant TMN – Telecomunicações Móveis information on the number of subscribers to Optimus (SONAECOM – Serviços de Comunicações) between 1998 and 2001. In order to ensure equal conditions for the three mobile service providers, SONAECOM and Vodafone Portugal – Comunicações Pessoais  were also granted the access upon request to the number of subscribers to each competitor company before the end of 2001.

This procedure began with an application submitted by TMN to gain access and to consult the full administrative procedure concerning the “Reimbursement of amounts paid by OPTIMUS”1, approved by ANACOM by determination of 29 August 2007. The application’s approval took into consideration the opinion of the Comissão de Acesso aos Documentos Administrativos (CADA) (Commission for access to Administrative Documents), following a complaint by TMN that ANACOM had refused to grant thereto the access to certain parts of information, indicating the number of subscribers to OPTIMUS between 2001 and 2004. CADA took the view that the referred number of subscribers, for that period, should not be deemed as business secrecy.

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1 Optimus - Telecomunicações, S.A. (Optimus), nowadays Sonaecom - Serviços de Comunicações, S.A..


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