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‘Mr. Telekom’ appears in landmark German trial

The man blamed by 16,000 disgruntled Deutsche Telekom shareholders for excesses that wiped out their investments defended his actions in court on Monday in a landmark lawsuit.

'Mr. Telekom' appears in landmark German trial
Mr. Telekom himself Ron Sommer. Photo: DPA

Ron Sommer, chief executive from 1995 until he was forced out in 2002, oversaw an expansion that left the firm with huge debts, helping push the share price down as the high-tech bubble burst from 2000 onwards.

Under his leadership at the former state monopoly, Deutsche Telekom bought US mobile operator Voicestream for €39 billion ($62 billion at current exchange rates) and spent billions of marks for a German third generation mobile licence.

In a US-style “class action” lawsuit that is the first of its kind here, Deutsche Telekom shareholders are suing the company for not revealing plans to buy Voicestream in its prospectus when shares in the German firm were sold to the public in June 2000.

Sommer denied this, saying the firm’s board only approved the Voicestream acquisition at the end of July 2000, and that at the time of the selling of shares – which was the third tranche to be sold to the public – Telekom was in talks with several possible takeover targets.

“Before the … listing we had come to no concrete result, in particular when it came to Voicestream,” Sommer told the court in Frankfurt.

Demand outstripped the offer and what was dubbed the “People’s Share” sold for €66.5 each, with thousands of ordinary investors plowing their money into what was billed as a sure thing. Deutsche Telekom shares are now worth less than €12.

The charismatic Sommer became chief executive aged 46 and at the height of the 1990s tech euphoria was feted like a pop star, giving autographs at the firm’s annual general meetings. His star power plunged in line with the company’s share price however, and the government – which still owns a large stake in the company – succumbed to popular pressure and showed him the door. Sommer has barely been seen in public since.

He is the first of 12 witnesses due to take the stand during the trial, which began last week.

BUSINESS

French court hands Amazon €90,000-per-day fine over contracts

French authorities on Wednesday slapped a €90,000-per-day fine on e-commerce giant Amazon until it removes abusive clauses in its contracts with businesses using its platform to sell their goods.

French court hands Amazon €90,000-per-day fine over contracts

The anti-fraud Direction générale de la concurrence, de la consommation et de la répression des fraudes (DGCCRF) service said the online sales giant’s contracts with third-party sellers who use its Amazon.fr website contain “unbalanced” clauses.

“The company Amazon Services Europe did not comply completely with an injunction it was served and it is now subject to a fine of €90,000 per day of delay” in applying the changes, the DGCCRF said in a statement.

It also urged the platform to conform with European rules on equity and transparency for firms using online platforms.

Amazon said the order would harm consumers.

“The changes imposed by the DGCCRF will stop us from effectively protecting consumers and permit bad actors to set excessive prices or spam our clients with commercial offers,” the e-commerce giant said in a statement.

“We will comply with the DGCCRF’s decision but we absolutely do not understand it and we are challenging it in court,” responded the e-commerce giant in a statement.

Amazon said the clauses that the DGCCRF has ordered removed had, for example “prevented the appearance of exorbitant prices for mask and hydroalcoholic gel during the pandemic”.

In 2019, Amazon was fined €4 million for “manifestly unbalanced” contract clauses with third-party sellers on its site in a case brought by the DGCCRF.

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