BEREC response to the public consultation from the EC on the update of the SMP Guidelines

BEREC welcomes the opportunity to provide input to the Review of the “Commission guidelines on market analysis and the assessment of significant market power under the Community regulatory framework for electronic communications networks and services (“SMP Guidelines”). A comprehensive and robust set of market analysis guidelines is imperative to enable NRA’s and the Commission to foster effective competition in the future.
The current Guidelines have remained unchanged since their publication in 2002, and the revised guidelines should reflect the growing complexity and multi-faceted nature of electronic communications markets. BEREC hopes that the review process will conclude with a set of Guidelines that will allow effective competition in the electronic communications sector to provide economic and social benefits to all European citizens over the coming years.
However, BEREC regrets that this review is conducted in parallel with the Framework Review, and not consecutively. Indeed, the current review of the Guidelines relies on the existing Framework, meaning that the possible evolution of the Framework will not necessarily be taken into account in this Guidelines Review. Therefore, the current exercise might need to be undertaken again depending on the results of the Framework Review. This response is in addition to BEREC’s opinion on the draft text proposal that the European Commission will make after the Public Consultation. Where appropriate, BEREC has provided detailed responses to the individual questions. However, BEREC would like to make a number of observations in relation to the review that are not explicitly referenced in the questionnaire.