スペインの公正取引委員会:CNC(la Comision Nacional de la Competencia)は、電話通信市場委員会;CMT(la Comision del Mercardo de Telecomunicacion)のTelefonicaの申請に対する事前調査?は違法だと批判
Competencia critica la propuesta de la CMT para revisar las ofertas de Telefónica
La CNC advierte de que los planes del otro regulador generan "inseguridad jurídica"
La comisión de telecomunicaciones proponía analizar las ofertas temporales cada seis meses
EP 25 ENE 2013 - 17:11 CET
Competition criticizes the proposal to review CMT Phone Deals
The CNC warns that another regulator plans create "legal uncertainty"
Telecommunications Commission proposed to analyze the temporal deals every six months
EP 25 ENE 2013 - 17:11 CET
The National Competition Commission (CNC) has criticized the proposal from the Commission for the Telecommunications Market (CMT) on the new review system of commercial offers of Telefónica, which can lead to consider the "inefficiency" of the regulatory measures adopted generate "legal uncertainty" and "does not respect" community practice. For the body chaired by Joaquin Garcia Bernaldo de Quirós, this proposal introduces the CMT "substantial changes" that would lead to new regulatory obligations Telefónica markets and "not subject" to regulation by the telecommunications watchdog or that, " principle ", will remain so.
The CMT proposed in November a revised methodology for analysis 'ex ante' (preventive) Telefónica's retail offerings that includes an individual analysis only for standing offers, while temporarily promotions every six months will be analyzed in aggregate . "The added test involves a change in the regulation draft 'ex ante' the electronic communications sector, but from a formal point of view and would not have used noun appropriate tools for an amendment of this type," he assured the agency said in a report.
Specifically, the CNC has indicated that, in its proposal, the CMT introduces an ex post (post-launch) of Telefónica's global trade policy, but their instruments to correct possible narrowing of margins is "limited" to markets regulated wholesale (ie between operators), which can lead to the "ineffectiveness of the regulatory measures taken and create legal uncertainty."
Community Practices
Competition argues that the proposed measure does not "respected" Community practice when assessing margin squeeze, as these analyzes are not wholesale market - between operators - a wholesale market.
The CNC also warns that the proposed measure has "deficiencies" in the analysis of the margin squeeze that can "override" its findings to omitted interconnection revenues but consider the cost of interconnection networks of other carriers.
For the CNC has not done an analysis "and enough depth" of the proportionality of the obligations or their correspondence with the detected problem.
In its proposal, the agency headed by Bernardo Lorenzo argued that this decision reflects that has changed "substantially" the competitive market from the time that the methodology was adopted in 2007 when the market share of Telefónica in excess of the 50% and penetration of any of the wholesale services and unbundled access was still limited.
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