2. similar market shares;
3. high legal or economic barriers to entry;
4. vertical integration with collective refusal to supply;
5. lack of countervailing buying power;
6. lack of potential competition.
Article 98
(conduct of the Agency in determining significant market power)
In determining significant market power and using the criteria referred to in Articles 96 and
97 of this Act, the Agency shall act in accordance with EU legislation and adhere consistently
to Commission guidelines governing market analysis and the determination of significant
market power in the area of electronic communications networks and services. In doing so,
the Agency shall cooperate with the body responsible for the protection of competition.
Article 99
(determination of relevant markets)
(1) The Agency must, in the area of the provision and implementation of electronic
communications in accordance with the principles of competition law, with consistent
adherence to each and any Commission recommendation on the relevant markets of products
and services in the area of electronic communications and to the guidelines referred to in the
previous Article of this Act, determine the product, service and geographical markets relevant
to conditions in the country in its analysis of an individual relevant market. In doing so, the
Agency shall cooperate with the body responsible for the protection of competition.
(2) Where, by means of the decision referred to in Article 101 of this Act, the Agency intends
to regulate a market that is not mentioned in a recommendation referred to in the preceding
paragraph, it must first carry out a test of three criteria, which are cumulative, in accordance
with this recommendation for such a market:
1. the presence of high and constant barriers to entry of a structural, legal or regulatory
nature;
2. the structure of the market, which tends towards inefficient competition within a suitable
timeframe;
3. the fact that competition legislation does not suffice to ensure an adequate market
response.
(3) In the cumulative compliance with the criteria referred to in the preceding paragraph, the
Agency must, for regulation of such a relevant market, hold a public consultation in
accordance with Article 204, engage in cooperation in accordance with Article 214, and
consult other regulatory authorities, the Commission and BEREC in accordance with Articles
209, 210 and 212 of this Act.
Article 100
(analysis of relevant markets)
(1) The Agency must, at regular intervals of time, analyse the markets referred to in the first
paragraph of the previous Article. In doing so it shall, where it assesses such a course of
action appropriate under the circumstances, work professionally with the body responsible for
the protection of competition in accordance with Article 214 of this Act.
(2) The Agency must conduct the analysis referred to in the preceding paragraph no later than
three years after the adoption of the previous measure relating to the relevant market. This