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IMPOSING OBLIGATIONS AND UNIVERSAL SERVICE
Chapter 7
Grounds for Obligations
Section 51
Market definition
Ficora shall define the relevant communications markets at regular intervals and carry out a
market analysis as laid down in section 52.
Section 52
Market analysis and a decision on significant market power
At regular intervals, Ficora shall carry out a market analysis of relevant wholesale and retail
markets in order to assess the competitive situation. A market analysis shall be conducted no
later than two years after the Commission’s Recommendation on relevant markets if the
market concerned has not been defined earlier, and at least at three-year intervals, if the
market concerned has been previously defined. The three-year time limit may be extended for
up to three additional years, if such request is submitted by Ficora to the Commission, and the
Commission does not object to the request within one month of receiving it.
In the case of transnational markets, Ficora shall, while conducting a market analysis, work
in cooperation with the regulatory authority of the State concerned belonging to the European
Economic Area, hereinafter “EEA State”.
By decision, Ficora shall declare an operator to be an operator with significant market power
if, on the basis of market analysis, it is seen in a particular market to exert economic influence,
alone or with others, that allows it to operate, to a considerable extent, independently of
competitors, consumers or other users. If an operator has significant market power in a
particular market, it may also be considered to have the same position in related markets if it is
able to extend its market power from the first markets to related markets and thereby
strengthen its market power in those markets.
Ficora shall amend a decision on significant market power if a market analysis shows that
significant changes have occurred in the competitive situation in the market. By decision,
Ficora shall remove an operators’ status in certain markets if a market analysis reveals that the
operator is no longer considered to be an operator with significant market power in the
meaning of subsection 3.
Section 53
Obligations imposed on an operator with significant market power in the wholesale markets
By issuing a decision accordingly, Ficora shall impose on an operator with significant
market power obligations referred to in sections 56, 61, 65 and Chapter 10 if they are needed
to eliminate barriers to competition or to promote competition in the relevant markets in
question.