- Volume 3 (2015), Issue 1
- Vol. 3 (2015), No. 1
- >
- Pages 25 - 36
- pp. 25 - 36
The European Commission’s 2014 Recommendation on Relevant Product and Service Markets within the Electronic Communications Sector Susceptible to ex-ante Regulation
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The European Commission published its third Recommendation on the markets within electronic communications sector susceptible to ex-ante regulation in October 2014 (the new ‘Recommendation’) after the adoption of the current regulatory framework in 2002. The Recommendation lists relevant markets susceptible to ex-ante regulation throughout the EU, which provides a common starting point for the national regulatory authorities’ market analysis. Since national regulatory authorities enforce electronic communication market regulation through remedies imposed as a result of their market analysis, the New Recommendation is a significant source for EU electronic communications law. In this Recommendation, the Commission’s method for the identification of relevant markets remains unchanged, but the list of markets is modified. Since the adoption of the second Recommendation on the same subject in 2007, several technological developments occurred that had to be considered in the review process, including spread of the over-the-top (OTT) services, roll-out of 4G mobile networks (ie long-term evolution, ‘LTE’), the upgrade of cable infrastructures and deployment of fibre networks. This article presents the New Recommendation including the Commission’s method on market identification and the modified list of identified markets.