Court of Justice 28 April 2016, C-28/15 (Koninklijke KPN NV and Others v Autoriteit Consument en Markt (ACM).)

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The Advocate General's opinion addresses whether a national court can deviate from a European Commission recommendation when reviewing a national regulatory authority's (NRA) decision on price caps for call termination services imposed on operators with significant market power. It interprets relevant provisions of the Framework Directive and Access Directive, emphasizing the need for NRAs to demonstrate that their pricing measures align with the objectives of promoting competition and consumer benefits. The opinion suggests that national courts may assess the proportionality of such measures and require adequate justification from the NRA regarding their effectiveness in achieving regulatory goals.AI