§ 42. [Repealed – RT I 2006, 25, 187 – entry into force 02.06.2006] § 43. Definition of markets (1) The Consumer Protection and Technical Regulatory Authority defines the markets of communications services and their geographical area in accordance with the principles of the European Union competition law, taking account of infrastructure-based competition in these areas. Upon defining markets, the Consumer Protection and Technical Regulatory Authority also proceeds from the data in the communications service database provided in § 1002of this Act and the recommendations and guidelines of the European Commission concerning the list of markets. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (11) The Consumer Protection and Technical Regulatory Authority has the right, if this is justified by the national competitive situation, to define the communications services market differently from the markets defined in the recommendations of the European Commission. In the specified case, the Consumer Protection and Technical Regulatory Authority shall notify the European Commission of the different definition of the communications services market pursuant to the provisions of § 48 this Act. [RT I 2007, 66, 408 – entry into force 01.01.2008] (2) The Consumer Protection and Technical Regulatory Authority may define the whole territory of the Republic of Estonia or a part thereof as the geographical area of a communications service. If the geographical area of a communications service extends beyond the state border of the Republic of Estonia, the Consumer Protection and Technical Regulatory Authority shall inform the European Commission thereof. [RT I 2007, 66, 408 – entry into force 01.01.2008] (3) A certain region forms a common geographical area if the competition conditions in the region are similar or sufficiently homogeneous and the region can be differentiated from other regions where the respective competition conditions differ to a significant extent. [RT I 2006, 25, 187 – entry into force 02.06.2006] (4) The Consumer Protection and Technical Regulatory Authority has the right, together with a supervision authority of another Member State of the European Union, to submit a reasoned application to BEREC for the definition of a transnational market. Upon defining markets, the Consumer Protection and Technical Regulatory Authority takes account of the guidelines of BEREC. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (5) The Consumer Protection and Technical Regulatory Authority, together with a supervision authority of another Member State of the European Union, or a communications undertaking has the right to submit a reasoned application to BEREC who conducts an analysis of transnational end-user demand for products and services that are provided in one or more markets listed in the recommendation specified in subsection 1 of this section. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] § 44. Market analysis (1) The Consumer Protection and Technical Regulatory Authority conducts an analysis of the competitive situation in the communications services markets defined pursuant to subsections 1 and 11of § 43 of this Act (hereinafter market analysis) in order to verify whether competition is present in the respective communications services market, whether there are any undertakings with significant market power and whether there is a need to impose the obligations referred to in clause 1 of subsection 2 of § 41 on any undertaking with significant market power. (2) The Consumer Protection and Technical Regulatory Authority conducts a market analysis in accordance with the principles of the European Union competition law and the guidelines of the European Commission and BEREC. (3) Upon conducting a market analysis, the Consumer Protection and Technical Regulatory Authority consults the Competition Board if necessary to ensure the uniform and consistent application of competition law. (4) The principles and procedure for conducting a market analysis are established by a regulation of the minister in charge of the policy sector. (5) If the European Commission defines a transnational market on the basis of an application submitted pursuant to subsection 4 of § 43 of this Act, the Consumer Protection and Technical Regulatory Authority and a supervision authority of another Member State of the European Union conduct a joint market analysis, taking account of the recommendations of the European Commission. Electronic Communications Act Page 25 / 89