market or public communications services market (hereinafter: relevant market), it holds a
position equivalent to a dominant position, i.e. such economic influence as to enable it to
exercise a considerable degree of independence in respect of its competitors, users and
consumers.
(2) Where two or more undertakings are present in the market, the structure of which is
considered to be conducive to coordinated effects, they may be treated as undertakings with a
joint dominant position within the meaning of the preceding paragraph, even in the absence
of structural or other links between them.
(3) Where an undertaking has significant market power in a relevant market (first market), it
may also be designated as having significant market power on a market closely related to the
first market (second market) if the links between the two markets are such as to allow the
market power held in the first market to be leveraged into the second market, thereby
strengthening the operator’s market power. Remedies aimed at preventing such leverage may
be applied in the second market pursuant to Articles 102 to 104 and Article 106 of this Act.
Where such remedies prove to be insufficient, the remedies referred to in Article 107 of this
Act may be applied.
Article 96
(criteria for assessing a dominant position)
Where the Agency assesses that an undertaking has significant market power under the first
paragraph of the previous Article, the following criteria shall be applied, where these criteria
are not cumulative:
1. the market share of the undertaking in the relevant market and the variation of its market
share in the relevant market over a longer period of time;
2. barriers to entry into the relevant market and the impact on potential competition in that
market;
3. the impact of large users on the power of the undertaking (countervailing buying power);
4. the elasticity of demand;
5. the stage of development of the relevant market;
6. technological advantages;
7. the development of sales and distribution networks;
8. the achievement of economies of scale or economies of integration;
9. the level of vertical integration;
10. the degree of product differentiation;
11. the possibility of access to financial sources;
12. the control of infrastructure that may not easily be duplicated;
13. the interconnection of services.
Article 97
(criteria for assessing joint dominance)
(1) The Agency may consider two or more undertakings to be in a joint dominant position
within the meaning of Article 95 of this Act if, even in the absence of structural or other links
between them, they operate in a market which is characterised by a lack of effective
competition and in which no single undertaking has significant market power.
(2) The circumstances referred to in the first paragraph of this Article are likely to be in place
where the market is concentrated and exhibits a number of appropriate characteristics, of
which the following may be the most relevant without being cumulative:
1. low elasticity of demand;