The European Court of Justice (ECJ) on Thursday rejected Telefonica's appeal against a €151.9 million fine it received for abusing its dominant position in Spain's broadband market.
In 2007, the European Commission upheld a complaint that the margin between the wholesale price Telefonica charged for access to its network and the retail prices levied on end users was too small to enable competitors to compete with it. The Commission classified Telefonica's abuse as 'very serious' and slapped it with a fine.
The Spanish incumbent appealed before the EU General Court, but it was thrown out, so then it appealed the General Court's decision before the ECJ.
"In today's judgement, the court dismisses Telefonica's appeal in its entirety," said the ECJ, in a statement.
"The fine of 151,875,000 imposed by the Commission and upheld by the General Court therefore remains unchanged."
Telefonica had argued that the size of the fine was unwarranted, but in its judgement, the ECJ said the operator had failed to show in what way the Commission's "decision was excessive to the point of being disproportionate".