Final decision on analysis of market 4


On 1 September 2016, ANACOM approved the final decision on the analysis of the markets of high-quality electronic communications at a fixed location (access and trunk segments) - definition of product and geographic markets, significant market power (SMP) and imposition, maintenance, amendment or withdrawal of regulatory obligations (market 4 of Recommendation 2014/710/EU and market 14 of Recommendation 2003/311/EC).

The following wholesale markets were identified as relevant for the purposes of ex-ante regulation in accordance with the principles of competition law:

  • high-quality accesses with speeds not exceeding 24 Mbps and covering NC Areas;
  • high-quality accesses with speeds exceeding 24 Mbps and covering NC Areas;
  • trunk segments without distinction of speed, covering NC Routes, with the exception of Mainland-Azores-Madeira circuits (CAM) and inter-island circuits;
  • trunk segments without distinction of speed, comprising CAM and inter-island circuits;
  • trunk segments without distinction of speed, comprising access circuits to international submarine cables in the submarine cable stations of MEO - Serviços de Comunicações e Multimédia (MEO) in Carcavelos and Sesimbra.

It was concluded that MEO has SMP in the identified relevant markets and should therefore be made subject to obligations in terms of network access and use of specific network resources, of non-discrimination, transparency, accounting separation and price control, and cost accounting and financial reporting.

It was also concluded that the wholesale markets for high-quality access in Areas C (low and high speed) are not susceptible to ex-ante regulation. Accordingly, in these areas, the obligations imposed in the previous market analysis in respect of leased line terminating segments will be withdrawn following a transition period of 18 months from the date of approval of the final decision on the present market analysis.

During this transition period, MEO is prohibited from worsening the condition of the leased Lines Reference Offer (LLRO) or of the Reference Ethernet Leased Lines Offer (RELLO), but must retain the current prevailing conditions. On new Routes C, the previously imposed obligations will be withdrawn after a transition period of 6 months from the date of approval of the final decision on the present market analysis.

With regard to the RELLO, the same conditions for circuits of up to 2 Mbps (inclusive) will be maintained, with immediate withdrawal of obligations referring to analogue circuits and in the case of new requests for digital circuits with higher speeds (34 Mbps and 155 Mbps), except in the case of access circuits to international submarine cables.


Consult:

Consult press release: