About this consultation
Responses to this consultation
The Commission will publish the replies shortly after the end of the consultation period.
The Commission will summarise the replies after the end of the consultation period. The findings of this consultation and the ongoing Commission study will determine the scope of the review and feed into the Commission's review.
- Member States
- National regulatory authorities
- National competition authorities
- Electronic communications providers
- Academics in law and economics
Objective of the consultation
The European Commission has opened a public consultation on the review of the SMP Guidelines of 2002 in view to update them in time for the implementation of the new European Electronic Communications Code. 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 the Guidelines 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 the experience of 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 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.
The Commission is consulting on the need to update individual sections of the SMP Guidelines in particular:
- Section 2 related to market definition;
- Section 3 on single and joint SMP;
- Section 4 on the relevance of the SMP Guidelines concerning regulatory obligations;
- Section 5 on powers of investigation and cooperation for the purpose of market analysis;
- Section 6 on procedures for consultation and publication of national regulatory authorities decisions.
News announcement on the consultation
Digital Single Market website
How to submit your response
In order to ensure a fair and transparent consultation process, only responses received through our online questionnaire will be taken into account and included in the report summarising the responses.
The responses received will be available on the Commission website unless confidentiality is specifically requested. We would kindly ask you to clearly indicate if you would not like it to be publicly available,for each your responses. In case your response includes confidential data please also provide a non-confidential version of your response.