BEREC internal Workshop on ex-ante regulatory experience concerning commitments, wholesale-only undertakings and commercial agreements review

BEREC is organizing an internal workshop for National Regulatory Authorities on ex-ante regulatory experience concerning commitments, wholesale-only undertakings and commercial agreements review. The workshop will take place on 18 September 2024, from 9:30 to 15:45 CEST.

This is the second event under the subject this year and it follows BEREC’s external workshop, which was held in Brussels on 11 April 2024, with the participation of stakeholders.

The European Electronic Communications Code (EECC), through the provisions of Articles 76, 79 & 80, introduced the possibility to apply light-touch regulation in certain significant market power (SMP) situations with the main aim of incentivising the deployment of very high capacity networks (VHCN). Network access commitments and/or co-investment agreements may be made binding for the identified operators (deemed to have SMP) instead of imposing the typical set of remedies. In the same vein, a lighter set of remedies may be imposed on the wholesale-only operators. Moreover, following the adoption of the Gigabit Recommendation, the impact of commercial agreements on market analysis was further strengthened.

Concisely, BEREC has been working into getting more knowledge and expertise concerning the approach taken using all these tools in the market analyses procedures.