CALL for comments on the draft Measure of General Nature of the market analysis No. A/3b/xx.2023-Y, market No. 3b - wholesale central access provided at a fixed location for mass-market products

According to Section 51 Paragraph 1 of the Electronic Communications Act, CTU published a draft Measure of General Nature No. A/3b/xx.2021-Y – Market No. 3b  - Wholesale central access at a fixed location for mass-market products.

CTU prepared the new draft analysis of the relevant market No. 3b following the comments of the European Commission and the withdrawal of the previous draft from the notification process in 2022.

In the new draft analysis, CTU has considered the European Commission's comments on the previous draft and, as in the previous case, has carried out an assessment of the level of competition in the downstream retail market for the broadband access to the Internet at a fixed location for mass production, including a detailed geographic analysis. Compared to the 2022 draft, the new draft analysis has in particular made changes to the territorial definition of the market analysed.

Analysis of this relevant market follows the analysis of relevant market No. 3b (OOP No. A/3b/07.2017-4). Former wholesale market No. 3b is no longer included in the new Commision Recommendation (EU) 2020/2245, but based on the current Measure of General Nature No. OOP/1/05.2021-5 it is still considered relevant until the analysis shows that this market is effectively competitive or does not meet the three criteria test.

Comments on the draft Measure of General Nature No. A/3b/xx.2023-Y shall be sent by 15 March 2023, i.e. 1 within month after the publication of this call.

čj. ČTÚ-4 700/2023-611
Economic Regulation Department

Discussion is closed.

Comments, views ond opinions submitted in compliance with Section 6 (2) of the Rules for Conducting Consultations at the Discussion Site by stakeholders during the public consultation:

• T-Mobile Czech Republic a.s., received on 15. 3. 2023
• Vodafone Czech Republic a.s., received on 15. 3. 2023
• CETIN a.s., received on 15. 3. 2023

The results of the public consultation incl. settlement of comments.

Opinion of the Office for the protection of competition.