BEREC Opinion on Phase II investigation pursuant to Article 32 of Directive (EU) 2018/1972: Case CZ/2021/2351 Wholesale access and call origination on public mobile telephone networks in the Czech Republic

On 18 November 2021, the Commission registered a notification from the Czech national regulatory authority (NRA), Český telekomunikační úřad (CTU) , concerning the wholesale market for access to mobile services in the Czech Republic.
In its draft measure, CTU proposes to designate O2 Czech Republic, T-Mobile Czech Republic and Vodafone Czech Republic as having significant market power (SMP) in the relevant market and proposes the imposition of a range of regulatory remedies on T-Mobile, O2 and Vodafone including (i) transparency; (ii) non-discrimination; (iii) accounting separation; (iv) access; (v) price control and cost accounting.
On 15 December 2021, the Commission sent a serious doubts letter opening a phase II investigation pursuant to Article 32 of Directive (EU) 2018/1972. The Commission’s serious doubts concern CTU’s proposed SMP assessment and that the draft measure would create a barrier to the internal market or its serious doubts as to its compatibility with Union law.