Decree No. 430 / 2005 Coll.
Decree laying down criteria for the assessment of whether multiple entities have a common significant market power in the relevant electronic communications market
Valid
Order
Effective from 26.10.2005
Text versions:
26.10.2005
430
DECLARATION
of 5 October 2005
laying down criteria for assessing whether multiple entities have common significant market power in the relevant electronic communications market
According to Article 150 (2) of Act No. 127 / 2005 Coll., on Electronic Communications and on the amendment of certain related laws (Act on Electronic Communications), as amended by Act No. 290 / 2005 Coll. and Act No. 361 / 2005 Coll., ("the Act '), the Ministry of Informatics provides for the implementation of Article 53 (4) of the Act:
Common significant market power
In the relevant market, several entities with a common significant market power may be identified if they operate on a market the structure of which creates conditions for a coordinated effect on that market, even if there are no structural or other links between them.
Criteria for assessing common significant market power
(1) The common significant market power on the relevant market may be determined if the market conforms to several appropriate characteristics, in particular as regards the assessment of the concentration of the assessed market, its transparency, the criteria established by the Czech Telecommunications Office pursuant to § 52 (1) of the Act and the following criteria:
(a) market maturity;
(b) stagnant or moderate growth on the demand side;
(c) low flexibility in demand;
(d) similar market shares;
(e) the uniformity of the product;
(f) similar cost structures;
(g) lack of technical innovation and, where appropriate, advanced technology;
(h) absence of excess capacity;
(i) major barriers to market entry;
(j) insufficient market power on the demand side;
(k) insufficient potential competition;
(l) different types of informal or other links between the parties concerned;
(m) retaliation mechanisms; or
(n) insufficient or limited space for price competition.
(2) In assessing the common significant market power, the Czech Telecommunications Authority shall be entitled to apply, in addition to the criteria referred to in paragraph 1, other appropriate criteria which can demonstrate that the structure of the market creates the conditions for a coordinated impact on the market.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
Ing. Bérová v. r.
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Regulation Information
| Citation | Decree No. 430 / 2005 Coll., laying down criteria for assessing whether multiple entities have common significant market power in the relevant electronic communications market |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.10.2005 |
|---|---|
| Effective from | 26.10.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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