Notice for the launch of public consultation from 10 June to 1 August 2015 on the draft BEREC Report on Oligopoly analysis and regulation

Document number: BoR (15) 91
Document date: 10.06.2015
Date of registration: 10.06.2015
Document type: Public Consultations
Author: BEREC

The draft BEREC Report on Oligopoly analysis and regulation was discussed and approved for public consultation at the BEREC Board of Regulators meeting in Bergen on 4 June 2015. This BEREC report aims to provide initial assistance to NRAs about the analysis and regulation of oligopoly markets and review the different outcomes for oligopoly market settings. This report seeks to provide a better understanding of implications of oligopolies on the application of the regulatory framework, acknowledging that the notion of collective or joint dominance under competition law captures the possibility of an oligopolistic market having multiple operators with SMP and that there is little precedent of findings for ex ante regulation of joint SMP market structures. This report also seeks to address the questions in which way the current regulatory framework is effective with respect to the analysis and regulation of oligopolistic market settings, as well as to whether there is a need to change the framework to address any issue not already covered under the existing joint SMP concept.

The role of public consultation is to increase transparency and to provide BEREC with valuable feedback from the stakeholders. In accordance with the BEREC policy on public consultation, BEREC will publish a summary of all received contributions and an explanation as to how the views expressed by the stakeholders were taken into account in the final report, respecting the confidentiality requests (if any).

BEREC will publish all individual contributions on its website, taking into account stakeholders’ explicit requests for confidentiality (if any), which should be clearly indicated in the contributions submitted. It is also possible to send both a confidential and a public version.

The public consultation will run from 10 June to 1 August 2015.

All stakeholders are invited to send their contributions by 1 August 2015 to e-mail:, preferably in English in order to speed up their processing.