Following the spin-off of PTM and the EC's approval of EC Recommendation 2007/879/EC, ICP-ANACOM deemed it appropriate to adopt and make public, on 3 April, 2008, its position on the concluded operation and its impact in terms of market analysis and the obligations arising therefrom.
As such, ICP-ANACOM clarified that, subsequent to the spin-off, ZON Multimédia was no longer part of Grupo Portugal Telecom (Grupo PT), whereby the obligations arising from the market analysis conducted pursuant to Title IV of Chapter II of Law no. 5/2004 of 10 February - Law of Electronic Communications (LEC) were no longer applicable to ZON Multimédia.
It was also noted in this position that the obligations applicable to companies that continue to be part of Grupo PT remain in force, until the review of markets is concluded, without prejudice to an immediate reassessment of the forms of implementation of obligations, relating to the market for the supply of wholesale broadband access (market 12 of the previous version of the EC Recommendation on relevant markets). This reassessment is set out in determination of 26 June 2008 and is covered with more detail in section 2.2.2. Given the particularly important consequences of this spin-off for markets 11 and 12, as defined by the previous version of the EC Recommendation on relevant markets and now known as markets 4 and 5 (under Recommendation 2007/879/EC), ICP-ANACOM stated from the outset that it would make the analysis of these markets a priority, which analysis was undertaken on the terms referred to below.
