Part 2Networks, services and the radio spectrum

Chapter 1Electronic communications networks and services

SMP conditions: procedure

I1I278Circumstances required for the setting of SMP conditions

1

For the purposes of this Chapter a person shall be taken to have significant market power in relation to a market if he enjoys a position which amounts to or is equivalent to dominance of the market.

2

References in this section to dominance of a market must be construed in accordance with any applicable provisions of Article 14 of the Framework Directive.

3

A person is to be taken to enjoy a position of dominance of a market if he is one of a number of persons who enjoy such a position in combination with each other.

4

A person or combination of persons may also be taken to enjoy a position of dominance of a market by reason wholly or partly of his or their position in a closely related market if the links between the two markets allow the market power held in the closely related market to be used in a way that influences the other market so as to strengthen the position in the other market of that person or combination of persons.

5

The matters that must be taken into account in determining whether a combination of persons enjoys a position of dominance of a services market include, in particular, the matters set out in Annex II to the Framework Directive.