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Communications Network

Market analysis

Within the scope of its authority, HAKOM is responsible for the oversight of  market competition in the field of electronic communications. In accordance with the Electronic Communications Act (ZEK), it identifies the relevant markets subject to ex-ante regulation, taking due account of the European Commission’s recommendation. The purpose of this recommendation is to promote harmonisation across the European Union in the field of electronic communications, ensuring that the same products and services are consistently subject to market analysis in all Member States.National regulatory authorities may also determine that additional markets are subject to ex-ante regulation, depending on national circumstances, provided that the three criteria of the “Three Criteria Test” are simultaneously met.

The principal objective of the market analysis procedure is to determine whether a given relevant market is competitive, or whether one or more operators are designated as having significant market power, either individually or jointly. Based on the outcome of the analysis, the regulatory obligations prescribed by the ZEK may be imposed, amended, maintained, or withdrawn.