Spanish regulator CNMC has fined Telefónica €20 million over a bundled offer that included a mobile phone – which the regulator said violated conditions related to pay-TV services. Telefónica plans to appeal the fine before Spain’s National Court, arguing that the sanction is “disproportionate”.The penalty stems from a probe launched by the CNMC in May 2024 concerning Telefónica’s 2015 acquisition of DTS, formerly Sogecable. The deal was approved on the condition that Telefónica adhere to several commitments, including a ban on tying pay-TV packages to mandatory service periods.The regulator found that the company’s commercial strategy — specifically its Fusión and miMovistar offers — included conditions that restricted customer freedom of movement, whether or not the services were bundled with pay-TV. These offers were available between August 30th 2021 and April 30th 2023.This latest case follows a previous one opened in July 2021, when the CNMC found that Telefónica’s ‘Fusión + smartphone’ plan, which involved leasing a smartphone tied to a 36-month commitment, breached the agreed conditions.At the time, the regulator ordered the company to amend the offer and notify both customers and the CNMC. Telefónica was later fined €6 million in March 2023 — a decision the company also appealed, with no court ruling issued yet.
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