"Commission guidelines" [2004] ELECD 73; in Buigues, A. Pierre; Rey, Patrick (eds), "The Economics of Antitrust and Regulation in Telecommunications" (Edward Elgar Publishing, 2004)

Book Title: The Economics of Antitrust and Regulation in Telecommunications

Editor(s): Buigues, A. Pierre; Rey, Patrick

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781843765103

Section Title: Commission guidelines

Number of pages: 26

Extract:

C 165/6 EN Official Journal of the European Communities 11.7.2002


Commission guidelines on market analysis and the assessment of significant market power under
the Community regulatory framework for electronic communications networks and services

(2002/C 165/03)
(Text with EEA relevance)

1. INTRODUCTION Commission in its recommendation on relevant product
and service markets pursuant to Article 15(1) of the
1.1. Scope and purpose of the guidelines framework Directive (hereinafter `the Recommendation').
When justified by national circumstances, other markets
1. These guidelines set out the principles for use by national can also be identified by the NRAs, in accordance with
regulatory authorities (NRAs) in the analysis of markets the procedures set out in Articles 6 and 7 of the
and effective competition under the new regulatory framework Directive. In case of transnational markets
framework for electronic communications networks and which are susceptible to ex-ante regulation, they will
services. where appropriate be identified by the Commission in
a decision on relevant transnational markets pursuant
to Article 15(4) of the framework Directive (hereinafter
2. This new regulatory framework comprises five Directives: `the Decision on transnational markets').
Directive 2002/21/EC of the European Parliament and of
the Council of 7 March 2002 on a common regulatory
framework for electronic communications networks and
services (1), hereinafter the framework Directive; Directive 5. On all of these markets, NRAs will intervene to impose
2002/20/EC of the European Parliament and of the obligations on undertakings only where the ...