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Internal Market

Electronic Communications Sector: Call for Comments

4.2.2016

Draft EFTA Surveillance Authority's Recommendation on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with the Act referred to at point 5 cl of Annex XI to the EEA Agreement (Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communication networks and services), as adapted by Protocol 1 thereto and by the sectoral adaptations contained in Annex XI to that Agreement.

 The current Authority's Recommendation on relevant markets of 5 November 2008  defines, in accordance with the principles of EEA competition law, seven markets in the sector of electronic communication which may be subject to ex ante specific regulation. The Recommendation corresponds to a similar document adopted by the European Commission in 2007 for the EU Member States.

In October 2014, the Commission revised its Recommendation on relevant markets. On the basis of the market developments, experience with the markets by the NRAs as well as by taking a forward-looking perspective, the Commission has cut the number of markets which may be subject to ex ante regulation from seven to four. This change reflects a principle that ex ante regulation should be reduced progressively as competition in the markets develops.

In order to provide for a homogenous application of the regulatory framework for electronic communication throughout the EEA, the Authority launches the present consultation on the amendment of its own 2008 Recommendation on relevant markets. The starting point of this revision process is the Commission's conclusions regarding the current status of the telecommunications markets as expressed in the new Commission Recommendation of 9 October 2014 and the accompanying Explanatory Memorandum.

The draft recommendation has been made accessible here on the Authority's webpage.

Comments should reach the Authority at the latest by 18 March 2016, preferably in English and via e-mail addressed to ecom@eftasurv.int.





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