General Framework

Within the scope of Law no. 5/2004, of 10 February, it is incumbent upon ANACOM to define and analyse the relevant markets, to identify undertakings with significant market power (SMP) and to determine the adequate measures for undertakings providing electronic communications networks and services.

This process of defining and analysing relevant markets, identifying undertakings with SMP and imposing obligations, involves several stages, according to articles 55 to 61 of the referred Law, in the context of article 7.5 of Directive 2002/21/EC.

Every draft decision that ANACOM adopts, according to the “ICP – ANACOM Consultation Procedures” is subject to a public consultation, which replies and assessment report  are published in the website of this Authority and notified to the national regulatory authorities of other member-States and to the European Commission, together with the respective reasoning thereto, through the Communication & Information Resource Centre Administrator (CIRCA)http://forum.europa.eu.int/Public/irc/infso/ecctf/home.

ANACOM shall also request the opinion of the Competition Authority before approving the draft measures on the definition and analysis of relevant markets, identification of undertakings with SMP and imposition of obligations.

Following the conclusion of the consultation and notification procedure, ANACOM shall adopt the measures concerning the definition and analysis of relevant markets, identification of undertakings with SMP and imposition of obligations, and shall notify the Commission of such adopted measures.