Regulation of market power in telecommunications

Produced in partnership with Ronnie Preiskel of Preiskel & Co LLP
Practice notes

Regulation of market power in telecommunications

Produced in partnership with Ronnie Preiskel of Preiskel & Co LLP

Practice notes
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Telecommunications 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

Ronnie Preiskel
Ronnie Preiskel

Ronnie Preiskel, Managing Partner, Preiskel & Co LLP

Ronnie is a co-founder of the telecoms and technology specialist law firm, Preiskel & Co LLP. He has over 20 years' experience working in the telecoms, media and technology sectors in a wide variety of roles. Ronnie is ranked in various guides such as Chambers & Partners and Legal 500.

Ronnie has the benefit of having worked for many years within the industry including for British Telecommunications PLC, a Vodafone JV and a mobile services start-up.

In addition to his work in the TMT sector, Ronnie also advises a number of retail and leisure businesses on fundraising, franchising and commercial matters.

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Jurisdiction(s):
United Kingdom
Key definition:
Market power definition
What does Market power mean?

The ability to raise prices above the competitive level for a non-transitory period.

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