BEREC REPORT ON IMPACT OF FIXED-MOBILE ... - berec - Europa

BoR (11) 54
term, consumer needs are adequately met in terms of the price, choice and quality of
services delivered.
Additionally, it would be necessary to monitor the evolution of market conditions to
avoid potential threats such as (implicit or explicit) collusion.
Broadband retail access fixed-mobile - Austria
As noted above, RTR concluded that mobile broadband connections were adequate
substitutes for DSL and cable broadband connections in the residential market. As a
consequence, due to manly infrastructure-based competitive pressure exercised by
mobile network operators, cable network operators and unbundling operators, RTR
considered that a trend towards effective competition can be identified as regards the
residential customers’ retail broadband access market. These findings led RTR to the
conclusion that only the wholesale broadband access market for bitstream connections
for the subsequent use of business customers may warrant ex ante regulation.
Scenario 2
Even if fixed and mobile services are not considered to be in the same market, FMS
may have implications for fixed market failures because the degree of
competition/substitution may solve some of the traditional problems. This may be
considered (i) when analysing if the three criteria for imposing ex ante regulation are
cumulatively met, (ii) in the SMP analysis or (iii) when NRAs are evaluating the
appropriate obligations to impose in the markets.
The existence of differing levels of FMS may mean that some remedies can be relaxed
or are no longer needed. For example, NRAs may modify the remedies in order to
allow the incumbent more commercial flexibility in its retail offers for a specific group of
consumers who do substitute fixed services for mobile ones. This outcome might be
appropriate where differences among this specific group of customers compared to
other customers are not yet sufficiently stable or sustainable to justify the definition of
segmented markets for these specific categories of customers.
Retail fixed access market - Spain
CMT uses a margin squeeze methodology in the ex ante analysis for the commercial
offers of the fixed incumbent (Telefónica). Depending on the level of competition
different types of tests are conducted for bundled offers: Individual replicability (Implicit
price test) or joint test (less conservative than the first test).
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