Vodafone has escalated its defence in Germany’s long-running 1&1 antitrust case, accusing the Federal Cartel Office (Bundeskartellamt, BKartA) of bias and procedural irregularities in its investigation. The company has also applied to the Higher Regional Court of Düsseldorf for interim legal protection, a move that is expected to delay the regulator’s planned year-end ruling, telcotitans reported.
In a letter to the BKartA, Vodafone reportedly claimed the authority failed to adhere to proper procedures and may have exceeded its legal remit. The BKartA rejected the allegations, saying all proceedings have been conducted “impartially and without prejudice” and describing Vodafone’s claims as “entirely unfounded.”
The dispute stems from a 2021 agreement under which Vantage Towers—44.7% owned by Vodafone—was required to provide 1&1 with access to mobile tower sites for its new network. After 1&1 missed its 5G coverage obligations, it accused Vantage of delaying site provision and filed a complaint in 2023. In April 2025, the BKartA issued a Statement of Objections, concluding preliminarily that Vodafone and Vantage had abused their market power by hindering 1&1’s rollout.
Vodafone has warned investors that it could face a disgorgement penalty if the final ruling goes against it, though it maintains it has strong defences.
Despite the tensions, Vodafone and 1&1 remain commercially intertwined. 1&1 named Vodafone its main network partner in 2023, and by mid-2025 also became a major wholesale customer of Vodafone’s fibre joint venture OXG Glasfaser.
The case unfolds as Vantage Towers navigates wider uncertainty across European markets impacted by Vodafone’s recent divestments. A final BKartA ruling now appears unlikely until the court addresses Vodafone’s legal challenge.