period may, in exceptional circumstances, be extended by no more than three years if the
Agency notifies the Commission of the proposed extension, with its grounds for doing so,
and if the Commission does not signal its opposition to the extension within one month of
receipt of the notification.
(3) For relevant markets for which the Commission was not notified in advance, the Agency
must conduct the analysis referred to in the first paragraph of this Article within two years of
the adoption of the amended Commission recommendation on the relevant markets referred
to in the first paragraph of the previous Article.
(4) In conducting the analysis referred to in the first paragraph, the Agency must pay due
regard to the provisions of Articles 98 and 99 of this Act and follow the Commission
guidelines governing market analysis and the determination of market power.
(5) If the Agency fails to complete the analysis of the relevant market by the deadlines
referred to in the second and third paragraphs of this Article, it may request assistance from
BEREC. In the event of such assistance, the Agency must notify the Commission of the draft
measure under Articles 209, 201 and 212 of this Act within six months.
Article 101
(imposition, amendment, maintenance or withdrawal of obligations for undertakings with
significant market power)
(1) If the Agency finds, on the basis of an analysis of the relevant market, that this market is
insufficiently competitive, it shall determine by decision the undertaking or undertakings with
significant market power in this market. It shall acquire the opinion of the body responsible
for the protection of competition before issuing the decision.
(2) The Agency must, by means of the decision referred to in the preceding paragraph,
impose on the undertaking with significant market power at least one of the obligations
referred to in Articles 102 to 107 of this Act. In doing so, the Agency shall pay due regard to
the principle of proportionality, for which it must provide due grounds.
(3) If the Agency intends to impose the obligation of functional separation referred to in
Article 108 of this Act on an undertaking with significant market power by decision or, with
due regard to the principle of proportionality, impose other obligations for operator access or
interconnection that are not obligations as referred to in the preceding paragraph, it may do so
only with the prior approval of the Commission.
(4) Where a re-determination is made that a specific undertaking is an undertaking with
significant market power, the Agency may impose on this undertaking the same or other
obligations and repeal the previous decision.
(5) If the Agency finds, on the basis of an analysis of the relevant market, that this market is
sufficiently competitive, it may not determine any undertaking as being an undertaking with
significant market power. If this market was previously uncompetitive, the Agency must, by
means of appropriate decisions, abrogate all decisions that determined operators with
significant market power in this market. In such a case, the decision shall also lay down an
appropriate suspensory deadline, which may not be shorter than 15 days, and publish the
decision in a form that takes into account the prohibition of the publication of the business
secrets of the parties.
(6) In abrogating decisions pursuant to the preceding paragraph, the Agency shall also
withdraw all obligations that undertakings had as undertakings with significant market power.
(7) The Agency may only take a measure under this Article after holding the prior public
consultation with interested parties referred to in Article 204 of this Act, in cooperation with
the body responsible for the protection of competition under Article 214 of this Act and with