About market regulation (SMP)
The purpose of the Electronic Communications Act is to secure good, reasonably priced and future-oriented electronic communications services for the users throughout the country through efficient use of society’s resources by facilitating sustainable competition, as well as fostering industrial development and innovation. Nkom’s market regulation should promote sustainable competition to achieve the paramount goals.
Nkom’s market regulation is based on six directives passed by the EU, and incorporated in the EEA Agreement. The foundation for Nkom’s market regulation is implemented in the Norwegian law through chapter 3 and 4 in the Electronic Communications Act.
Nkom’s work on market regulation can be defined as a three-stage process:
- Defining relevant markets. This is done with reference to ESA’s recommendation on relevant product and service markets.
- Analyzing each relevant market to detect whether one or more undertakings have significant market power (SMP).
- Impose suitable obligations for the/those undertaking(s) which is/are found to have significant market power
Nkom must impose one or more obligations for those undertakings found to have significant market power. Which obligations to impose are decided after an assessment of the various available remedies, based on the market analysis, with a limited forward looking period. Nkom will, when imposing obligations, pay particular attention to ensure that the adopted remedies contributes to increased competition.
When imposing obligations, Nkom will also consider Nkom’s remedies document (only available in Norwegian). This document is based on a document developed by European Regulators Group (ERG), namely “Revised ERG Common Position on the Approach to remedies in the ECNS regulatory framework”. The objectives of the guidelines and principles set out in these documents is to stimulate the development of the market for electronic communications network and services, as well as contributing to a consistent and harmonised approach to the application of remedies in the various member states.
Nkom has made an overview with information related to current, upcoming and former decisions related to the various relevant markets.