and national circumstances.
(2) (Amended, SG No. 105/2011, effective 29.12.2011) The Commission shall determine the
product scope and the geographical scope of the relevant markets according to the methodology referred
to in Article 150 (2) herein.
(3) (Repealed, SG No. 105/2011, effective 29.12.2011).
(4) (Repealed, SG No. 105/2011, effective 29.12.2011).
(5) (Amended, SG No. 17/2009, SG No. 105/2011, effective 29.12.2011) In defining a relevant
market which differs from those listed in the applicable act of the European Commission, the
Commission shall be guided by the principles of competition law and shall investigate whether the
criteria specified in Items 1, 2 and 3 have been met cumulatively:
1. (supplemented, SG No. 105/2011, effective 29.12.2011) presence of high and non-transitory
structural, legal or regulatory barriers to market entry, and
2. lack of a possibility to promote and develop competition on the market for a period of up to two
years, and
3. insufficient effectiveness of competition law to overcome the barriers referred to in Item 1 and
to restore competition on the relevant market.
(6) (New, SG No. 105/2011, effective 29.12.2011) The Commission may decide not to carry out
an analysis of a relevant market listed in an applicable act of the European Union where the
Commission ascertains that at least one of the criteria covered under Paragraph (5) is not met.
Article 153. (1) The undertakings providing public electronic communications networks and/or
services shall provide to the Commission documents and information necessary for conduct of the
analysis referred to in Article 151 (1) herein. The said undertakings may not invoke a business secret as
a reason for refusal of the provision of documents and information.
(2) The documents and the information referred to in Paragraph (1) shall be specified in the
methodology referred to in Article 150 (2) herein.
(3) The members of the Commission and the administration thereof shall be obligated not to
disseminate the information received under Paragraph (1), in case the said information constitutes a
business secret, and shall sign a declaration to this end, completed in a standard form adopted by
decision of the Commission.
Article 154. (1) The Commission shall analyze the effectiveness of competition on the relevant
market in accordance with the methods and principles of competition law.
(2) A relevant market shall be considered effectively competitive if no undertaking providing
public electronic communications networks and/or services which, whether individually or jointly with
other undertakings, has significant market power on the said market.
Article 155. (1) In the cases where on the basis of an analysis of a relevant market it is ascertained
that competition is effective, the Commission shall not impose specific obligations on the undertakings
providing public electronic communications networks and/or services on the relevant market.
(2) In case specific obligations have been imposed, the Commission shall withdraw the said
obligations in respect of the undertakings providing public electronic communications networks and/or
services on the relevant market.
(3) (New, SG No. 105/2011, effective 29.12.2011) In case specific obligations have been imposed
on undertakings providing conditional access to digital radio and television programme services, the
said obligations may be amended or withdrawn where, on the basis of a market analysis it is ascertained
that competition is effective only to the extent that:
1. accessibility for end-users to radio and television broadcasts, broadcasting channels and
services, specified as subject to "must carry" obligations, would not be adversely affected by the
withdrawal or amendment of the obligations;
2. the prospects for effective competition would not be adversely affected in the markets for:
(a) retail digital television and radio broadcasting services;