Evaluation of SMP in markets of voice call termination on individual mobile networks

According to article 60, Paragraph 1 of the LEC (14 of Framework Directive) ''an undertaking shall be deemed to have significant market power if, either individually or jointly with others, it enjoys a position equivalent to dominance, that is to say a position of economic strength affording it the power to behave to an appreciable extent independently of competitors, customers and consumers.''.

SMP may be held by only one company in the market (single dominance) or by more than one entity (joint dominance). Additionally, where an undertaking has SMP in a specific market, it may also be deemed to have SMP in an adjacent market, where the links between the two markets are such as to allow the market power held in one market to be leveraged into the other market, thereby strengthening the market power of the undertaking (SMP leveraging).

In assessing SMP it is important to conduct the analysis with the premise that that there is no current or potential regulation of SMP in the relevant market. This should be the procedure to be undertaken since the results of an assessment of SMP entails testing whether or not any regulatory intervention is required. Therefore, to assess SMP in this market, a hypothetical market must be assumed where there is no regulation of SMP (and no ''threat'' of regulation of SMP).