By decision of 17 November 2015, ANACOM has approved the draft final decision to be notified to the European Commission (EC), the Body of European Regulators for Electronic Communications (BEREC) and the national regulatory authorities (NRAs) of the other Member States of the European Union (EU), on the wholesale broadcasting market for delivery of content to end-users (market 18). The decision concerns the definition of product and geographic markets, assessment of significant market power (SMP) and the imposition, maintenance, amendment or withdrawal of regulatory obligations.
In accordance with the principles of competition law, the wholesale broadcasting market for delivery of content to end-users was identified as relevant for the purpose of ex ante regulation. It was likewise concluded that MEO - Serviços de Comunicações e Multimédia (MEO) has SMP in this market and, given a lack of effective competition, that obligations should be imposed, further to those already imposed pursuant to Right of Use of Frequencies ICP-ANACOM no. 6/2008.
Approval was also given to the report on the prior hearing and consultation to which the respective draft decision was submitted (draft decision approved on 22 July 2015). In response to these procedures, an opinion was received from Autoridade da Concorrência (Portuguese Competition Authority) and contributions were received from the following undertakings: MEO, RTP - Rádio Televisão de Portugal, SIC - Sociedade de Televisão Independente and TVI - Televisão Independente.
- Draft final decision on wholesale broadcasting market for delivery of content to end-users - notification to the European Commission https://www.anacom.pt/render.jsp?contentId=1372649