COMISION DEL MERCADO DE LAS TELECOMUNICACIONES

Transcription

1 Notification of Draft Measures pursuant to 7(3) of the Directive 2002/21/EC for the wholesale national market for international roaming on public mobile networks. Under the obligation in article 16 of the Directive 2002/21/EC, CMT has conducted an analysis of the wholesale national market for international roaming on public mobile networks in Spain. On 20 th July 2006 the CMT has reached its preliminary conclusions in market definition, the extent of competition in that market, the designation of undertakings having significant market power and the regulatory obligations. CMT hereby notifies the Commission of its proposed market definition and analysis. These conclusions are set out in the attached summary notification form. Under article 6 of the Directive 2002/21/EC CMT is conducting a national consultation at the same time. Responses to this consultation are due to be sent to the CMT within a month after publication in the Spanish Official Journal. Previously, CMT conducted a preliminary consultation which results have been taken into account in the present draft measure. C/ Marina, Barcelona - CIF: Q D Página 1 de 5

2 Market 17: Wholesale national market for international roaming on public mobile networks. 1. Market definition Please state where applicable:- 1.1 The affected relevant product/service markets. Are this markets mentioned in the Recommendation on relevant markets? 1.2 The affected relevant geographic market 1.3 A brief summary of the opinion of the National Competition Authority where provided. 1.4 A brief overview of the results of the public consultation to date on the proposed market definition (for example, how many comments were received, which respondents agreed with the proposed market definition, which respondents disagreed with it). 1.5 Where the defined relevant market is different from those listed in the Recommendation on relevant markets, a summary of the main reasons which justified the proposed market definition by reference to Section 2 of the Commission s Guidelines on the definition of the relevant market and the assessment of significant market power 1, and the three main criteria mentioned in Recitals (9) to (16) of the Recommendation on relevant markets Wholesale national market for international roaming on public mobile networks. The defined relevant market is the same to that listed in the Recommendation. Spain. 1 Commission guidelines on market analysis and the assessment of significant market power under the Community regulatory framework for electronic communications and services, OJ C 165, , p.6 C/ Marina, Barcelona - CIF: Q D Página 2 de 5

3 and Section 3.2 of the accompanying Explanatory Memorandum Designation of undertakings with SMP Please state where applicable:- 2.1 The name(s) of the undertaking(s) designated as having individually or jointly significant market power. Where applicable, the name(s) of the undertaking(s) which is (are) considered to no longer have significant market power. 2.2 The criteria relied upon for deciding to designate or not an undertaking as having individually or jointly with others significant market power 1. Individually significant market power - Market shares; - Barriers to entry (radio spectrum, sunk costs, economies of scale and scope); - Overall size of the undertaking; - Technological advantages or superiority; - Control of infrastructure not easily duplicated; - Countervailing buyer power. 2. Jointly significant market power - Market concentration; - Transparency; - Mature market; - Stagnant or moderate growth on the demand side; - Low elasticity of demand; - Homogeneous product; - Lack of countervailing buying power; - Retaliatory mechanisms; - Lack or reduced scope for price competition. 2 Commission Recommendation of 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 communication networks and services, C (2003)497 C/ Marina, Barcelona - CIF: Q D Página 3 de 5

4 2.3 The name of the main undertakings (competitors) present / active in the relevant market - Amena (Retevisión Móvil) - Telefónica Móviles España - Vodafone España 2.4 The market shares of the undertakings mentioned above and the basis of their calculation (e.g., turnover, number of subscribers) Revenues: - Vodafone España: 44.0% - Telefónica Móviles España: 39.6% - Amena (Retevisión Móvil): 16.4% Minutes: - Vodafone España: 41.2% - Telefónica Móviles España: 38.5% - Amena (Retevisión Móvil): 20.3% Please provide a brief summary of:- 2.5 The opinion of the national competition authority where provided. 2.6 The results of the public consultation to date on the proposed designation(s) as undertaking(s) having significant market power (e.g., total number of comments received, numbers agreeing/disagreeing) 3. Regulatory obligations Please state where applicable (for 3.2. and 3.3, it is sufficient to refer to the relevant section of the full notification): 3.1 The legal basis for the obligations to be imposed, maintained, amended or withdrawn (Articles 9 to 13 of Directive 2002/19/EC (Access Directive), Article 17 of Directive 2002/22/CE (Universal Service Directive)) 3.2 The reasons for which the imposition, maintenance or amendment of obligations C/ Marina, Barcelona - CIF: Q D Página 4 de 5

5 on undertakings is considered proportional and justified in the light of the objectives laid down in Article 8 of Directive 2002/21/EC (Framework Directive). Alternatively, indicate the paragraphs, sections or pages of the draft measure where such information is to be found 3.3 If the remedies proposed are other than those set out in Articles 9 to 13 of Directive 2002/19/EC (Access Directive), please indicate which are the «exceptional circumstances» within the meaning of Article 8 (3) of thereof which justify the imposition of such remedies. Alternatively, indicate the paragraphs, sections or pages of the draft measure where such information is to be found 4. Compliance with international obligations In relation to the third indent of the first subparagraph of paragraph 3 of Article 8 of Directive 2002/19/EC (Access Directive), please state where applicable:- 4.1 Whether the proposed draft measure intends to impose, amend or withdraw obligations on market players as provided for in Article 8(5) of Directive 2002/19/EC (Access Directive) 4.2 The name(s) of the undertaking(s) concerned 4.3 Which are the international commitments entered by the Community and its Member States that need to be respected C/ Marina, Barcelona - CIF: Q D Página 5 de 5