Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

SMP conditions: procedure

Review of services market identifications and determinations
84
1
This section applies where OFCOM have identified and analysed a services market for the purposes of making a market power determination.
2
OFCOM must, at such intervals as they consider appropriate, carry out further analyses of the identified market for one or both of the following purposes—
a
reviewing market power determinations made on the basis of an earlier analysis;
b
deciding whether to make proposals for the modification of SMP conditions set by reference to a market power determination made on such a basis.
3
It shall be the duty of OFCOM to carry out such a further analysis of a services market as soon as reasonably practicable after recommendations are made by the European Commission that affect the matters that were taken into account, or could have been taken into account, in the case of the last analysis by OFCOM of that market.
4
Where on, or in consequence of, a further analysis under this section, OFCOM determine that a person to whom any SMP conditions apply is no longer a person with significant market power in that market, they must revoke every SMP services condition applied to that person by reference to the market power determination made on the basis of the earlier analysis.
5
Before carrying out a further analysis under subsection (2), OFCOM may review any decision of theirs identifying the markets which it was appropriate to consider for the purpose of carrying out an earlier analysis.
6
Where, on such a review, OFCOM conclude that the appropriate markets have changed—
a
they must identify the markets they now consider to be the appropriate ones; and
b
those markets shall be the identified markets for the purposes of the further analysis.
7
Sections 79 to 83 apply—
a
in relation to the identification of a services market for the purposes of reviewing a market power determination under this section, as they apply in relation to the identification of such a market for the purpose of making a market determination; and
b
in relation to the review of such a determination, as they apply in relation to the making of such a determination.
S. 84 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))