5. If the assessment does not indicate the absence of joint significant market power of two or
more telecommunications undertakings, in addition the following criteria shall be applied in
particular:
1) low elasticity of demand,
2) similar market shares,
3) high legal or economic barriers to entry,
4) vertical integration with collective refusal to supply,
5) lack of countervailing buyer power,
6) lack of potential competition
– which do not have to be met cumulatively.
Article 25b. If a relevant market diverging from the Commission Recommendation is
defined, the President of UKE shall submit a draft measure referred to in Article 23 (1) or in
Article 24 for consolidation proceedings.
Article 25c. The measure referred to in Article 23 (1) or in Article 24:
1) shall be issued having sought the opinion of the President of UOKiK who shall issue
a resolution;
2) shall be published on the UKE BIP website;
3) takes the utmost account of opinions and common positions adopted by BEREC.
Article 25d. Where the relevant market is found to be transnational by means of a decision of
the European Commission, the President of UKE shall carry out its analysis in agreement with
regulatory authorities of other Member States. The provision of Article 23 or 24 shall apply as
appropriate.
Article 25e. 1. An undertaking with significant market power in a relevant market may be
deemed to have significant market power in another relevant market, where the links between
the two markets are such as to allow the market power held in one relevant market to be
leveraged into the other relevant market (closely related market), thereby strengthening the
market power of the undertaking.
2. In order to prevent that significant market power is leveraged from a relevant market to
a closely related market, the President of UKE, following the analysis referred to in Article 21
(1), may impose in a closely related market regulatory obligations referred to in Articles 3640 and in Article 42 on an undertaking referred to in paragraph 1.
3. If imposing obligations referred to in Articles 36-40 and in Article 42 did not prevent the
leverage of significant market power from a relevant market to a closely related market, the
President of UKE may impose in a closely related market obligations referred to in Article 46
on the undertaking referred to in paragraph 1.
Article 25f. 1. The President of UKE, where the time limits referred to in Article 21 (2) to (4)
are not met, may request BEREC to consult on the analysis of a given market and the
maintenance, amendment or withdrawal of regulatory obligations imposed on
a telecommunications undertaking with significant market power or telecommunications
undertakings holding jointly significant market power before completion of market analysis.
2. Within six months of receiving from BEREC the results of consultations, the President of
UKE shall notify the draft measure to the European Commission.