Spain’s competition watchdog (CNMC) said Orange must give its MVNO rival MasMovil temporary access to its 4G network within the next ten days, adding that there was a “clear failure” on the part of Orange to do so according to a contract signed in May 2013, leading MasMovil to complain to CNMC in November 2014.

This news follows reports that the European Commission is set to approve Orange’s €3.4 billion takeover of Spanish fixed operator Jazztel now that Orange has agreed to sell assets that overlap with Jazztel and offer wholesale capacity to rivals.

Orange is also prepared to offer wholesale broadband capacity to rivals on its target’s ADSL network.

CNMC had previously asked Spain’s main 4G network operators – Telefonica, Vodafone and Orange – to guarantee wholesale access to their 4G networks as a response to a consultation filed by MVNO association AENOM last year.