By Stevie Smith Dec 5, 2007, 10:45 GMT
Apple’s network exclusivity sales plan remains intact today following news that Vodafone Germany has failed in its attempt to prevent T-Mobile from locking the touch-screen iPhone across the German market for a mandatory two-year period, reports the Times Online.
Vodafone defeated as Hamburg court rules in favour of iPhone exclusivity to the T-Mobile network in Germany. EPA/Jonathan Brady
Specifically, the Regional Court of Hamburg has ruled that T-Mobile (of Bonn-based Deutsche Telekom) is clear to market the diminutive smartphone handset exclusively to its own customers, which thereby quashes a temporary injuction issued following Vodafone’s claims that such exclusivity violates Germany’s competition laws.
"From the beginning we were very convinced that this was an offer that’s absolutely fine from the legal side, and a really good offer for the customer," outlined T-Mobile spokesman Klaus Czerwinski following the ruling.
Apple Inc.’s sales plan for the hugley popular iPhone is built on offering specific network providers exclusivity deals in return for a sizeable percent of related customer revenue.
AT&T holds exclusivity for the iPhone in the United States, while Vodafone, which was a firm favourite to secure the deal for European coverage, lost out to O2 in the UK market, Orange in France, and T-Mobile in Germany.
Although Vodafone has failed in its bid to open the iPhone to other networks in Germany, Apple has had to bow to the pressure of similar competition laws in France, where the handset is now also open to networks outside of Orange.
"The intention of the legal action was to ensure clarity on the commercial postion in the German marketplace," commented a Vodafone spokesman regarding the court’s decision. "We have not received the written ruling, but we will be examining it closely to decide on any future actions."
According to the court ruling, Newbury-based Vodafone can appeal the decision within a month, which the company has said it will consider.
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