In 2003, Deutsche Telekom (DT) was fined €12.6m for abuse of its dominant position in the market for direct access to its fixed telephony network from 1998. It is alleged that DT charged competitors a price for network access services (sometimes referred to as local loop access services) that was higher than the retail price it charged its own end-users. This inflated cost forced competitors to charge end-users a price higher than that which DT charged its own end-users. On appeal, the General Court upheld the European Commission’s decision that DT had committed a breach and on judicial review on 14 October 2010, the European Court of Justice (ECJ) confirmed the finding. In reaching the decision, the Court applied the “as efficient competitor” test. Under that test, the ECJ considered whether the pricing practice of a dominant undertaking could drive an equally efficient economic operator from the market. In order to be regarded as abusive, margin squeeze must make market penetration more difficult for DT’s competitors. It concluded that the test was satisfied and the €12.6m fine imposed by the Commission was upheld.