RD336 - ETNO Reflection Document commenting on draft BEREC Report on relevant market definition for business services

ETNO welcomes this public consultation by the Body of European Regulators for Electronic Communications (BEREC) on its draft report on relevant market definition for business services, BoR (10) 46.ETNO concurs with many of the principles identified in the report and encourages BEREC and national regulatory authorities (NRAs) to continue to refer to the SMP-guidelines of the European Commission[1] when delineating separate or common markets for busines

  • ETNO welcomes this public consultation by the Body of European Regulators for Electronic Communications (BEREC) on its draft report on relevant market definition for business services, BoR (10) 46.
  • ETNO concurs with many of the principles identified in the report and encourages BEREC and national regulatory authorities (NRAs) to continue to refer to the SMP-guidelines of the European Commission[1] when delineating separate or common markets for business and residential services.
  • A market analysis should start with the possible delineation of separate markets for business services at retail level before the corresponding wholesale market is analysed. ETNO agrees with BEREC that the finding of two or more separate retail markets for services to residential and business customers is a relevant but not sufficient criterion for indentifying the corresponding wholesale markets.
  • Any business-customer-specific market delineation -- and potential subsequent remedies -- must be driven by a thorough market analysis. ETNO is concerned that the draft report considers basing market analyses on a summary data collection which would not allow a detailed analysis of conditions of competition but would be limited to input by specific operators on how they delineate business services (paragraph 76 f.). Clarification on this point is needed urgently.

[1] Commission guidelines on market analysis and the assessment of significant market power under the Community regulatory framework for electronic communications networks and services (2002/C 165/03),