Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

SMP conditions: procedure

Proposals for identifying markets and for market power determinations
80
1
Where section 80A applies,
OFCOM
must comply with the applicable requirements of that section and section 80B before—
a
identifying a market for the purposes of making a market power determination, or
b
making a market power determination.
1A
Where section 80A does not apply because of subsection (2) of that section—
a
any identification of a market or market power determination must be temporary; and
b
the notification published under section 79(4) containing the identification or determination must state the period for which the identification or determination is to have effect.
1B
Where
OFCOM
propose to extend or make permanent any such temporary identification or determination—
a
sections 80A and 80B(1) do not apply in relation to the proposal; and
b
subsections (2) to (8) of section 80B apply in relation to the proposal as if the words from the beginning of subsection (2) to “appropriate” were omitted.
7
The power of OFCOM to identify a market or make a market power determination is subject to section 83 .
S. 80 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
S. 80 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)
S. 80(1)(1A)(1B) substituted for s. 80(1)-(6) (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 42(a) (with Sch. 3 paras. 2, 11)
Words in s. 80(7) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 42(b) (with Sch. 3 paras. 2, 11)