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Relevant markets

ESA has made a recommendation that identifies which markets are susceptible for sector-specific regulation. Nkom uses this as a basis for market analyses.

In its recommendation of 11th May 2016 concerning relevant markets, the EFTA Surveillance Authority (ESA) has identified markets susceptible for ex-ante (predetermined) regulation within the sector of electronic communication. ESA’s recommendation replaces the recommendation of 5th November 2008. The current recommendation is identical to The European Commission’s (The Commission’s) recommendation of 9th October 2014.

According to the Electronic Communications Act and the obligations following the EEA Agreement, Nkom shall take the utmost account of ESA’s Recommendation on relevant product and service markets in carrying out market regulation. Should Nkom find it necessary to define divergent or new product markets, ESA will need to be consulted on the proceedings (the Electronic Communications Act §§ 3-2 and 9-3).

The Commission’s recommendation is available at: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2014.295.01.0079.01.ENG.
The Commission’s Explanatory Note is available at: https://ec.europa.eu/digital-agenda/en/news/explanatory-note-accompanying-commission-recommendation-relevant-product-and-service-markets

The table below indicates markets susceptible for ex-ante regulation in Norway. The numbering follows ESA’s recommendation of 2008, with the exception of Market 15 which refers to ESA’s first recommendation of 2004.

Markets

Description

3

The wholesale markets for voice call termination on the public network at a fixed location

4

The market for wholesale (physical) network infrastructure access (including shared or fully unbundled access) at a fixed location

5

The market for wholesale broadband access

6

The wholesale market for leased lines with capacity up to and including 8 Mbit/s

7

The wholesale markets for voice call termination on individual mobile communications networks

15

The wholesale market for access and call origination on public mobile telephone networks