RD210 - ETNO Reflection Document commenting on the ERG Working Paper on the SMP concept

We welcome the ERG's effort in its Working Paper (WP) to interpret and harmonise the use of this concept so it better meets the actual state of competition in the relevant markets. ETNO is not convinced that the ERG Working Paper on SMP adds much value to the Commission Guidelines on SMP.

The Working paper does neither provide guidance based on practical evidence on how to apply SMP assessment nor does it bring clarity regarding SMP criteria such as market share, excessive pricing or joint dominance. Several of the criteria discussed in the paper, for example barriers to switching or scale advantages, are not analysed throughout. As can already be seen form the ongoing market analysis in Member States, the ERG has not enabled a harmonised approach to market analysis and the Working Paper is not likely to assist NRAs in achieving this important goal.