Deutsche Telekom, Europe’s largest telephone company, has emerged victorious in the iPhone-locking suit that Vodafone filed against it in Germany. A German court ruled on Tuesday that Deutsche Telekom’s T-Mobile can block consumers who purchase an Apple iPhone from using the mobile device on competing wireless networks.
The Regional Court of Hamburg issued a statement indicating it has removed the injunction that prohibited T-Mobile from selling the iPhone with a two-year exclusive contract. That officially overturns an injunction Vodafone won in late November.
“This ruling underscores the impact the iPhone has had on the market,” said Jupiter Research analyst Michael Gartenberg. “In the past, you typically didn’t see companies filing injunctions over other cell phones. The fact that Vodafone brought this suit to begin with is indicative of the fact that the iPhone has changed the game in many ways.”
Will T-Mobile Sue?
T-Mobile bowed to the demands of a German court’s first ruling, changing its marketing campaign for Apple’s iPhone. In response to the court’s injunction, T-Mobile changed the terms of the exclusive contract it forged with Apple.
Specifically, T-Mobile agreed to sell the device for 999 euros (about US$1,477) without mandating a two-year exclusive contract. However, the original 399 euro (US$590) deal with a contract attached remained an option. By way of comparison, the Nokia N95 sells for 199.95 euros (US$295.63) with a contract, or 619.95 euros (US$916.60) without one.
In a published statement, T-Mobile said that it reserves the right to claim damages from Vodafone, which operates the second-largest wireless network in Germany, but there is no word yet on whether T-Mobile will pursue legal action against Vodafone for lost sales.
Looking to 2008
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