228/2009 Sb.



DECREE



of 26 March. June 2012



on establishing the criteria for assessing whether more subjects common

significant market power on the relevant market for electronic communications



The Ministry of industry and trade shall be determined according to § 150 of paragraph 1. 2 of law No.

127/2005 Coll., on electronic communications and amending certain

related laws (the law on electronic communications), as amended by

Act No. 110/2007 Coll., Act No. 153/2010 Coll. and Act No. 468/2011

Coll., to implement section 53 para. 4 of the law on electronic communications:



§ 1



(1) the authority may for the Czech telecommunications companies with shared an important

market power to mark two or more undertakings, if even in the absence of

structural or other links between them, these businesses operate on the

the relevant market is not effectively competitive, and which has no

of these enterprises itself SMP ^ 1).



(2) the criteria for assessing whether more bodies in the relevant market

referred to in paragraph 1 common significant market power, are in particular:



and the small elasticity of demand),



(b)) similar market shares,



(c)) large legal or economic barriers to entry,



d) vertical integration with the common rejection of the supplies,



e) insufficient purchasing power on the demand side, or



(f) lack of potential competition).



§ 2



Decree No 430/2005 Coll., laying down the criteria for the assessment,

whether more bodies shared significant market power on the relevant market

electronic communications, is hereby repealed.



§ 3



This Decree shall enter into force on 1 January 2000. July 2012.



Minister:



Mudr. Cuba in r.



1) Article. 1 (1). 28 European Parliament and Council Directive 2009/140/EC of

on 25 April. November 2009 amending Directive 2002/21/EC on the common

regulatory framework for electronic communications networks and services, directive

2002/19/EC on access to electronic communications networks and associated

facilities, and their mutual links and Directive 2002/20/EC on the

permissions for electronic communications networks and services.