quarta-feira, 3 de dezembro de 2014

Regulado o acesso ao 4G pelas MVNOs na Espanha

Mike Conradi Partner, DLA Piper LLP ("strong market knowledge and an effective negotiator" - Chambers & Partners legal guide)

This is a link to a blog by my colleagues in Spain. 

As I understood it this is a clarification of the effect of regulator's 2006 market review which itself determined that MNOs *must* offer access to their networks to MVNOs. It clarifies that this obligation includes 4G services - which did not exist back then. 

However the 2006 decision is now many years in the past - and the regulator has an obligation under European law to keep the market under review periodically. In light of the fact that the EC has - since 2006 - confirmed that the mobile wholesale access market is *not* on the list of "relevant markets" which regulators ought to examine then it seems to me that the any new review might well lead to a new decision to remove access regulation. 

Spanish mobile operators might then consider whether they could bring a case forcing the regulator to look at this market again.

Spain - Competition Authority orders 4G operators to give MVNOs access - Technology's... goo.gl

Author: Ceyhun Pehlivan, Associate, Madrid Spain’s Competition Supervision Authority (CNMC), currently in charge of both competition and regulatory matters has ordered the main Mobile Network Operators (MNO) in Spain, namely Telefónica (Movistar),...

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