Markets Susceptible to ex ante Regulation : Methodology and Commission Recommendation

Abstract

The EU regulatory framework for electronic communications services distinguishes between markets that are susceptible to ex ante regulation and those that are subject to competition law alone. The paper lays out the methodology for identifying relevant markets that may be considered for ex ante regulation. It also provides a summary of the relevant markets that should be susceptible to ex ante regulation based on an analysis of conditions likely to prevail in a ‘representative" member state. The paper finally addresses the role of the European Commission, and in particular its Relevant Markets Recommendation, as a means of providing guidance to NRAs.EU regulatory framework; susceptibility to ex ante regulation; 3-criteria test; Relevant Markets Recommendation; market definition and modified Greenfield approach