The Antwerp Court of Appeal has upheld a ruling prohibiting Telenet Group Holding NV (EBR: TNET) from marketing its hybrid fiber-coax network connections using the terms “fiber” or “glasvezel.” In legal proceedings initiated by rival Proximus (EBR: PROX), the court confirmed that advertising partial-fiber internet infrastructure as pure fiber constitutes an unfair market practice, exposing Telenet to potential financial penalties of up to 1 million euros.
Here is the math on the ruling:
- Maximum Penalty: Up to €1,000,000 in coercive fines (dwangsommen) for continued non-compliance.
- Regulatory Scope: Applies across Flanders, where the vast majority of Telenet connections utilize a hybrid combination of optical fiber and coaxial cable rather than direct-to-home FTTH (Fiber-to-the-Home) architecture.
The Legal Battle Between Proximus and Telenet Over Advertising Claims
The dispute originated in the enterprise court after Proximus filed a formal complaint regarding marketing campaigns run by its primary competitor. Proximus argued that consumer-facing slogans such as “You always surf via fiber with us” crossed the line into deceptive advertising, given that the underlying infrastructure relies on legacy coaxial cables running beneath the ground to connect with the optical trunk lines.
As reported by nieuwsblad.be, Telenet appealed the initial February decision handed down by the enterprise court, attempting to mitigate the severe financial penalties. However, the Antwerp Court of Appeal rejected the appeal entirely on Wednesday, determining that the maximum penalty framework is both proportional and sufficiently deterrent to prevent misleading commercial practices. While Telenet does offer true 100% fiber connections in select areas, the court found that deploying the terminology for hybrid setups without immediate, prominent clarification violates fair trade regulations.
Commercial Adaptation and Future Network Sharing Agreements
Despite the strict prohibition on unvarnished fiber marketing for legacy infrastructure, the court’s decision stops short of a total ban.
This judicial friction occurs against the backdrop of significant structural cooperation between the two telecom giants. Earlier in the summer, the Belgian Competition Authority granted formal approval for Proximus and Telenet to share portions of their respective infrastructure. Under the agreement, Proximus will utilize the hybrid fiber-coax network of Wyre—the operational joint venture established between Telenet and utility provider Fluvius—to deliver broadband services in less densely populated regions. Meanwhile, both operators will continue independent network rollouts exclusively within major cities and high-density urban centers where deployment economics justify parallel infrastructure investments.
| Company | Primary Infrastructure | Regulatory Exposure / Joint Venture Status |
|---|---|---|
| Telenet | Hybrid Fiber-Coaxial (Wyre JV) & Selective FTTH | Fines up to €1,000,000 for unlabeled “fiber” marketing of coax lines. |
| Proximus | Accelerated Pure Fiber (FTTH) Rollout | Complainant in unfair practices suit; approved to share Wyre network in rural zones. |
