RD185 - ETNO Reflection Document on Consultation Document: Draft Joint ERG/EC Approach to Appropriate Remedies in the New Regulatory Framework
ETNO is concerned with the joint ERG/EC Consultation document on remedies, since the chosen approach remains by and large theoretical and is not linked to many of the real issues governing the telecommunications market. The document’s focus is largely on a "behavioural approach".
ETNO is concerned with the joint ERG/EC Consultation document on remedies, since the chosen approach remains by and large theoretical and is not linked to many of the real issues governing the telecommunications market. The document’s focus is largely on a "behavioural approach".
This may be suited to ex-post competition law treatment but, if applied to an ex-ante approach may fail the principle of proportionality and would not target the actual competition problem. ETNO has serious concerns with issues such as the emerging markets concept/first-mover advantages, ex-ante assumptions on incumbents’ behaviour, persistence of remedies, the concept of ladder of investment, asymmetrical termination obligations and the use of burdensome and detailed price squeeze tests for bitstream. In order that the Consultation document provides substantial guidance to NRAs to ensure harmonisation and proportionate regulation, modifications to the document are needed as proposed by ETNO.