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Europe consults on updating SMP guidelines

The European Commission has opened a consultation on the review of the significant market power (SMP) guidelines of 2002 in preparing for the new electronic communications code. The guidelines set out principles for use by national telecoms regulators under the current European regulatory framework for electronic communications in relation to market-based analysis and assessment of SMP. The new guidelines will help national telecoms regulators to decide when to intervene in markets and take into account the recent developments in regulatory and competition law. Vice president for digital single market, Andrus Ansip, said: “Telecommunications are the backbone of the digital single market, which is why we have to check thoroughly how best to regulate markets in this fast-paced environment and how to ensure a level playing field for all operators, whether big or small. The consultation will support us in making our guidelines fit for the future.” The assessment of SMP has to be in line with competition law principles as set out in the jurisprudence of the Court of Justice of the EU. The policy objective of this review is to ensure that the guidelines are up to date and can provide the best possible guidance to national regulatory authorities on how to best address remaining competition problems in retail telecoms markets. Member States, national regulatory authorities, national competition authorities, electronic communications providers, academics in law and economics, and consumers are invited to express their opinion in particular on the theoretical concepts underpinning the relevant markets definition, as well as on single and collective dominance in the electronic communications sector for the purpose of the ex-ante regulation. See more.

  • Thursday, 20 April 2017

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