The scope of the SMP Guidelines is to set out principles for use by the national telecoms regulators under the European Regulatory Framework for electronic communications in relation to market-based analysis and assessment of SMP.
Article 15(2) of the Framework Directive on a common regulatory framework for electronic communications networks and services requires that the Commission publishes the SMP Guidelines, the contents of which is to be in accordance with the principles of competition law. The SMP Guidelines foresee that the Commission should amend the Guidelines when appropriate taking into account experience with applying the regulatory framework and the jurisprudence of the EU Courts.
In this context, the Commission will review the SMP Guidelines - i.e. the Commission guidelines on market analysis and the assessment of the significant market power under the Community regulatory framework for electronic communications networks and services. These guidelines are addressed to the National Regulatory Authorities that have to take them into utmost account when defining relevant markets and assigning telecommunications operators with SMP, in view of imposing on them appropriate regulatory obligations to redress competition problems identified on a forward looking basis.