Communications Regulatory Authority

end, the three so-called “Airtours” criteria were used, namely market transparency,
stability of the tacit coordination and the simultaneous absence of potential competition
and counter purchasing power. In this connection, having considered that the reduced
transparency of rates brought about by discounts, on one hand, and the absence of
reliable and effective retaliatory mechanisms, on the other hand, cause the three criteria
not to be simultaneously verified, the conclusion was drawn that in the Italian wholesale
international roaming market it is not possible to find a joint dominance position.
As it did not find any single or joint dominance positions AGCOM did not
impose any regulatory obligations on mobile network operators, so confirming the
current regulatory framework.
All undertakings which submitted theirs remarks with respect to the consultation
document substantially agreed with AGCOM’s considerations. As a consequence, after
supplementing the analysis document with its own and operators’ remarks, on 27 April
2006 AGCOM adopted a draft regulation which was both forwarded to the Antitrust
Authority and notified to the European Commission as well as to Member States’
Regulators, under article 12, paragraph 3 of the Code of Electronic Communications.
The radio and television infrastructure market
The market for radio and television broadcasting services for the
airing of content to end users (market no.18)
The market for radio and television broadcasting services for the airing of
content to end users (market no.18 among those identified by the European Commission
Recommendation of 11 February 2003) is one of the markets thought to be liable to exante
regulation. AGCOM published the draft regulation relating to the market being
examined (Annex B to Resolution no. 61/06/CONS) on 9 February 2006 on its web site
and on 22 February 2006 in the Official Journal of the Italian Republic.
In the document submitted to public consultation AGCOM identified three relevant
markets in the context of radio and television broadcasting services for the airing of
content to end users:
• national market for television broadcasting services on analog terrestrial
platform;
• national market for television broadcasting services on digital terrestrial
platform;
• national market for radio broadcasting services on analog terrestrial platform;
The document submitted to public consultation focuses on the definition of the
relevant markets and on the assessment regarding the existence of single and joint
dominance positions. As a first step AGCOM chose to concentrate on the identification
and analysis of the relevant markets and of the existing competitive conditions, without
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