CALL for comments on the draft Measure of General Nature of the market analysis No. A/1/xx.2023-Y, market No. 1 - Wholesale local access provided at a fixed location

According to Section 51 Paragraph 1 of the Electronic Communications Act, CTU published a new draft Measure of General Nature No. A/1/xx.2023-Y – Market No. 1  - Wholesale local access provided at a fixed location.

CTU prepared the new draft analysis of the relevant market No. 1 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 mainly includes changes in the territorial definition of the analysed market and related changes in the assessment of the existence of an undertaking with significant market power.

Analysis of this relevant market follows the analysis of relevant market No. 3a (OOP č. A/3a/07.2017-3). Former wholesale market No. 3a was retained in the list of relevant markets in the new Commission Recommendation (EU) 2020/2245 but was renumbered. Based on the new Recommendation, CTU has issued new Measure of General Nature No. OOP/1/05.2021-5, according to which the former relevant market No. 3a is now listed as relevant market no. 1 - Wholesale local access provided at a fixed location.

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

čj. ČTÚ-4 698/2023-611
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.