Certain clauses in the law exclude the new markets' from the scope of competition and consequently the broadband network (
VSDL) in which Deutsche Telekom invest, giving the group an unfair advantage in the eyes of the Commission.
This article draws a distinction between retail services and the underlying wholesale infrastructures, and proposes that all wholesale access products used for the provision of similar retail services should be dealt with in the same way, independently of the infrastructures in question (the old copper pair or an upgraded VSDL network).
It also suggests that all wholesale access products used for the provision of similar retail services should be dealt with in the same way, independently of their infrastructure (the old copper pair or an upgraded VSDL network) and that only wholesale access products used to provide new retail services should possibly escape regulation.