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European Commission issues revised SMP guideline draft

Joint IIC - Italian Chapter and Agcom workshop

The European Commission has published the drafts of revised SMP (significant market power) guidelines and an accompanying explanatory note. Both documents were sent to the Body of Regulators for Electronic Communications (BEREC) for its opinion, with a view to adopting the guidelines in the second quarter of this year. The draft revised guidelines reflect developments in case law and address issues which have become more prominent in recent years, such as the transition from monopolistic to oligopolistic market structures in some countries. While oligopolistic markets are often characterised by strong competition, they are perceived as difficult to tackle when this is not the case. “The revised guidelines will give practical guidance to regulators on how to identify market failures, such as coordinated anti-competitive strategies by network operators, in a legally secure manner, and will therefore enhance predictability for all market participants.” Appropriate regulation and greater regulatory predictability for network investors are also central aims of the proposed European Electronic Communications Code, on which legislative discussions should also conclude in the first half of 2018. The Commission has asked BEREC to provide an opinion on the drafts. See more

  • Thursday, 22 February 2018

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