ACM will look into the European Commission’s reaction to its draft market analysis decision on unbundled local access
The European Commission has serious concerns about the draft market analysis decision on unbundled local access, which the Netherlands Authority for Consumers and Markets (ACM) published in October 2014. With the draft market analysis decision, ACM guarantees that competitors of Dutch telecom company KPN such as Tele2, Vodafone and Online continue to have access to KPN’s network. This leads to more options and lower prices for consumers and business users when it comes to broadband internet, fixed telephony services, and business network services. The Commission has serious doubts about the way ACM has defined this market, and it has concerns about the way KPN’s position in the market has been determined. Henk Don, Member of the Board of ACM, reacts: “We are very surprised by this reaction. Over the last year, we have continuously kept the Commission informed, and until now, we had not received any indications that they had these concerns. However, we understand that it is not the Commission’s intention to have more regulation of the market.”
In the second phase, which is currently starting, ACM will look into the Commission’s concerns very carefully, and will, in consultation with the Commission, see what changes may be necessary. Other European telecom regulators will also be involved in this process, and will give advice to the Commission. The Commission will decide within two months whether it can agree with the draft market analysis decision after all, or that ACM needs to adjust it. If ACM is unwilling to adjust the market analysis decision according to the Commission’s wishes, the Commission may veto it.
As long as the new decision has not been finalized yet, the current regulatory regime will remain in place. KPN thus continues to offer access to its competitors.