KKR charged with misleading EU regulators over Telecom Italia network deal

KKR Charged by EU for Misleading Regulators in Telecom Italia Deal Review

By Bart H. Meijer and Foo Yun Chee

EU Antitrust Charges Against KKR in Telecom Italia Acquisition

Oct 19 (Reuters) - KKR was hit with EU antitrust charges on Monday, alleging it misled regulators during their review of its €22 billion acquisition of Telecom Italia's fixed-line network two years ago, exposing the US buyout group to a potentially hefty fine.

Background and Investigation

The decision by the European Commission, the EU competition enforcer, followed a year-long investigation. It approved the deal in 2024, but opened an investigation a year later following complaints by other operators.

Complaints from Rivals

The rivals argued that prices for them to access TIM's fixed broadband network had been unilaterally increased after the deal, even though KKR had convinced the Commission that it would not have the power to deteriorate conditions for wholesale access.

Details of the Charge Sheet

The EU antitrust watchdog said it sent a charge sheet, known as a statement of objections, to KKR for providing incorrect or misleading information about whether it would keep its existing long-term access agreements under the same terms unless mutually agreed otherwise with the third-party operators.

KKR's Response and Next Steps

KKR said it strongly disagreed with the Commission's assessment.

KKR's Official Statement

"We stand by the accuracy of the information provided during the Commission's 2024 review of the NetCo acquisition. The Statement of Objections is not a final finding of infringement, and the Commission's existing clearance of the transaction remains valid," a KKR spokesperson said.

Future Proceedings

The company can defend itself at a closed hearing in the coming months before the Commission issues a final decision.

Implications and Precedents

Significance of Long-Term Agreements

The Commission had cleared the Telecom Italia deal due in part to the long-term agreements between FiberCop, which is Telecom Italia's last-mile grid unit, and telecoms companies Fastweb and Iliad.

Potential Penalties

Companies found guilty of misleading regulators during reviews of their deals risk fines of up to 1% of their aggregate annual worldwide turnover.

Recent Enforcement Actions

The Commission has in recent years handed out hefty fines for such violations.

($1 = 0.8919 euros)

(Reporting by Bart Meijer, Editing by Louise Heavens)