PART II
Telecommunications market regulation
Chapter 1
Market analysis, proceedings to define relevant markets, impose, amend and withdraw
regulatory obligations
Article 21. 1. The President of UKE shall carry out the analysis of relevant markets within the
scope of telecommunications products and services.
2. The President of UKE, not later than within 3 years from the adoption of a previous
measure referred to in Article 22 (1) point 3 or 4 on a given relevant market shall notify the
draft measure closing the procedure referred to in Article 22 (1).
3. For markets not previously notified to the European Commission the President of UKE, not
later than within 2 years from the adoption of a revised Recommendation on relevant markets
shall notify the draft measure closing the procedure referred to in Article 22 (1).
4. In justified cases the President of UKE may ask the European Commission for extension of
the time limit referred to in paragraph 2 by 3 years at the maximum. In the case where the
European Commission has not objected within one month of the notified extension, the time
limit shall be extended as requested by the President of UKE.
Article 22. 1. Following the analysis referred to in Article 21 (1) the President of UKE shall
carry out proceedings in order to:
1) define a relevant market for telecommunications products and services, hereinafter
referred to as the “relevant market”, in line with competition law, taking the utmost account of
the national circumstances and the Commission Recommendation and Guidelines referred to
in Article 19 (3);
2) find whether there is a telecommunications undertaking with significant market power or
whether there are telecommunications undertakings holding jointly significant market power
in the relevant market;
3) designate a telecommunications undertaking with significant market power or
telecommunications undertakings holding jointly significant market power, where the relevant
market is not found effectively competitive and to impose regulatory obligations on this
telecommunications undertaking or undertakings holding jointly significant market power;
4) maintain, amend or withdraw regulatory obligations imposed on a telecommunications
undertaking with significant market power or telecommunications undertakings holding
jointly significant market power prior to market analysis.
2. A regulatory obligation shall mean an obligation referred to in Article 34, Articles 36 to 40,
Article 42, Article 44, Article 44b, Article 45, Article 46 or Article 72 (3).
Article 23. 1. Following the proceedings referred to in Article 22 (1), the President of UKE,
having found that there is no telecommunications undertaking with significant market power
or telecommunications undertakings holding jointly significant market power,
1) shall issue a resolution which:
a) defines a relevant market according to Article 22 (1) point 1,
b) finds that this relevant market is effectively competitive
– if there was no telecommunications market with significant market power or
telecommunications undertakings holding jointly significant market power in that relevant
market, or
2) shall issue a decision which: