CALL for comments on the draft Measure of General Nature No. OOP/1/0x.2023-y laying down the relevant markets in the electronic communications sector, including criteria for assessment of significant market power

In accordance with Section 52(1),(3) of the Electronic Communications Act, CTU prepared draft Measure of General Nature No. OOP/1/0x.2023-y, amending Measure of General Nature No. OOP/1/05.2021-5, laying down the relevant markets in the electronic communications sector, including criteria for assessment of significant market power.

CTU does so on the basis of the European Commission decision of 24 March 2023 in the case CZ/2022/2421, in which the Commission - in compliance with Article 32(6) of Directive (EU) 2018/1972 - decided to withdraw the notified draft measure of general nature - market analysis No A/3/XX.2022, market No. 3 - wholesale market for access to mobile services, and found that this relevant market does not meet the three criteria test according to its assessment. The relevant markets defined by Measure of General Nature No. 1 must meet the three criteria test according to Article 52(3) of the Electronic Communications Act and Article 3 of the Measure of General Nature No. OOP/1/05.2021-5. However, as the three criteria test cannot be considered to be met in the current circumstances in the market No. 3 in the light of the Commission's decision, this market is no longer susceptible for ex ante regulation and CTU therefore excludes it from Article 2 of the Measure of General Nature No. OOP/1/05.2021-5, which lists the relevant markets designated by CTU.

Despite the above, CTU notes that it will continue to monitor the level and dynamics of competition in the relevant wholesale market for access to mobile services. Should CTU  find indications that there is no effective competition on the market, or that the market is not conducive to effective competition, and intervention in the form of ex ante regulation is necessary, the Office will proceed in accordance with Section 52(2) and (3) of the Electronic Communications Act to seek remedies.

Comments on the draft shall be submitted within 1 month from the date of publication of this call.

After the end of public consultation, the received comments will be settled and their settlement will be published.

čj. ČTÚ-20 247/2023-611
Economic Regulation Department

Discussion is closed.

No comments, views or opinions were submitted during the public consultation.

Opinion of the Office for the protection of competition.