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Reactie Opta op de aanbeveling EC inzake relevante markten

Public consultation and public hearing on a draft Recommendation on relevant product and service markets within the electronic communications sector susceptible to ex-ante regulation in accordance with Article 15 of the Framework Directive Dear Mr. Colasanti, Introduction OPTA welcomes the opportunity to comment on the draft-Recommendation as proposed by the European Commission. OPTA endorses the IRG response on the draft-Recommendation sent to you on July 26th 2002. The comments therein are to be understood as here included. With regard to the market definitions on terminating access, recent developments have allowed OPTA to confirm our initial view on this issue. On the market definition of terminating markets OPTA therefore would like to make the following remarks. Relevant market OPTA strongly supports the approach taken by the European Commission in defining single network markets for both fixed and mobile termination. Given the (current) lack of possibilities for both demand and supply side substitution regarding the termination of traffic, the market for call termination on individual networks is the appropriate relevant market. OPTA would also like to inform the European Commission that the Netherlands Competition Authority (NMa) will soon issue a report on the mobile termination market(s). This report will include both a qualitative and quantitative analysis of the mobile termination market in the Netherlands. Obligations The single network approach would imply that each network operator has SMP for termination of traffic on his network. On this basis NRAs are to impose appropriate obligations. OPTA deems it essential that in applying remedies the NRA can be flexible in choosing the most proportionate remedy(ies) to address competition issues. This may include taking into account relevant aspects on related markets, e.g. the scale and scope of related mobile termination markets, or possible developments in the retail market (e.g. enhancement of retail buying power). Proportionality, flexibility and a case-by-case approach should therefore be among the leading principles when issuing (ex-ante) remedies in order to prevent possible competition distortions. Conclusion OPTA supports the conclusion in the draft-Recommendation for the single network approach on terminating markets. OPTA would like to stress the point that when applying the related remedies -to SMP operators- accordingly, a flexible and proportionate approach is essential. Yours sincerely, The Commission of the Netherlands Independent Post and Telecommunications Authority (OPTA) On behalf of the Commission, Prof.dr. J.C. Arnbak Chairman of the Commission of OPTA