Clause 75 - Market power determinations
Communications Bill
6:00 pm
Mr Andrew Robathan (Blaby, Conservative)
These small amendments would replace the word ''due'' in clause 75 with ''utmost''. The reason for that is straightforward. Article 15(3) of the framework directive states:
''National regulatory authorities shall, taking the utmost account of the recommendation and the guidelines, define relevant markets''.
£Why have the Government toned that down? They might give Ofcom more power than the directive intended and so give less protection to those in the market. The directive would apply particularly when national regulatory authorities were carrying out market analysis for SMP purposes.
The clause refers to ''due account'', which may not be adequate in respect of implementation, as it gives Ofcom too much discretion to ignore the Commission's guidelines on market analysis and recommendations on the relevant markets to be analysed. The amendments would simply bring the clause into line with the requirements of the directive.