Regulation of market power in telecommunications
Produced in partnership with Ronnie Preiskel of Preiskel & Co LLP
Practice notesRegulation of market power in telecommunications
Produced in partnership with Ronnie Preiskel of Preiskel & Co LLP
Practice notesTelecommunications in the UK is subject to sector-specific regulation and general Competition law. This Practice Note sets out how market reviews of the telecoms sector are undertaken by the UK’s National regulatory authority, Ofcom, with particular focus upon the review of the Physical Infrastructure and Business Connectivity Markets and the Wholesale Fixed Telecoms Market Review.
Ofcom’s powers
Ofcom has certain powers under the Communications Act 2003 to review specific markets to determine whether there is effective competition and to impose appropriate remedies to address any competition problems that are identified.
Some of these powers were derived originally from European directives which were implemented into UK law. The most recent of these was Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast) (the European Electronic Communications Code) which was implemented in December 2020. These powers therefore continue to apply, as the implementing laws constitute EU-derived domestic legislation and form part of assimilated law.
For further information on the European Electronic Communications Code, see Practice Note: The European Electronic Communications Code.
Assimilated
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