By the end of 2007, ICP-ANACOM had concluded the analysis and notified the EC in accordance with the terms of article 7 of the Framework-Directive (Directive 2002/21/EC) on the significant markets identified on the Recommendation of the Commission (2003/11/EC) for the purpose of ex-ante regulatory intervention, with the exception of markets 15 and 17. It should be noted, however, that the publication of the new Recommendation of the EC (2007/879/EC)1, on 17 December, only identifies 7 relevant markets, not including former markets 15 and 17, and therefore their analysis and notification to the EC2 is no longer mandatory.
Notwithstanding, namely regarding market 15 (call access and origin in public mobile networks market), concerning which ICP-ANACOM developed in 2007 several draft works, a decision may be adopted towards notification, should a regulatory intervention reveal to be needed in order to reduce possible competition problems identified in that market.
In fact and in this context, it should be highlighted that the non-inclusion of a given market on the list of markets identified by the EC as being eligible for ex-ante regulation dos not mean that this market cannot be subject to regulatory interventions. In fact, the EC, in the explanatory note of the new Recommendation3, mentions that possibility and urges national regulators to specifically follow-up that market and its competition dynamics.
1 Recommendation of the Commission, regarding relevant product and service markets in the electronic communications sector eligible for ex-ante regulation according to Directive 2002/21/EC of the European Parliament and the Council - Commission Recommendation on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and serviceshttp://ec.europa.eu/information_society/policy/ecomm/doc/library/proposals/rec_markets_en.pdf.
2 Besides former markets 15 and 17, the Recommendation of the EC (2007/879/EC) no longer includes on the list of relevant markets the retail markets for telephone services (former markets 3 to 6), leased lines retail and wholesale markets (former markets 7 and 14), the transit services market (former market 10) and the broadcasting services market (former market 18).
3 Explanatory Note SEC(2007)1483 finalhttp://ec.europa.eu/information_society/policy/ecomm/doc/library/proposals/exp_note_markets_en.pdf.
- Market 18 - Broadcasting services for the delivery of contents transmitted to final users https://www.anacom.pt/render.jsp?categoryId=326915
- Market 15 - Call access and origin on public mobile networks https://www.anacom.pt/render.jsp?categoryId=326955
- MVNO activity's regulatory framework https://www.anacom.pt/render.jsp?categoryId=326975
- Market 16 - Voice call termination in individual mobile networks https://www.anacom.pt/render.jsp?categoryId=326995
- Market 17 - Wholesale national market for international roaming on public mobile networks https://www.anacom.pt/render.jsp?categoryId=327075
