Relevant markets

The three-stage market analysis process comprises the following steps:

1. Market definition;
2. Market analysis;
3. Imposition of specific obligations (where necessary).

Until the 7th amendment to the Austrian Telecommunications Act (TKG) 2003 went into effect, RTR was required to issue ordinances identifying the relevant national markets subject to sector-specific regulation at regular intervals (at least every two years). The review of relevant markets is to be carried out in accordance with national circumstances and the principles of general competition law, with due attention to any special geographical circumstances regarding the competitive situation and to the requirements of sector-specific regulation.

Now that the 7th amendment to the TKG 2003 has gone into effect, the Telekom-Control-Kommission is responsible for the definition of relevant markets subject to sector-specific regulation.

An overview of the markets defined by RTR can be found below.

Telecommunications Markets Ordinance 2003 (TKMVO 2003)

The Telecommunications Markets Ordinance 2003 (TKMVO 2003) of October 17, 2003 provided the first definition of telecommunications markets in Austria which are subject to sector-specific regulation.

Review of markets in the Telecommunications Markets Ordinance 2003

As mentioned above, the telecommunications markets defined in the TKMVO 2003 must be reviewed at least every two years, and therefore a new market analysis process was launched on October 13, 2005.

The basis of the review was once again the European Commission Recommendation of 11 February 2003 on relevant product and service markets within the electronic communications sector (issued on the basis of the Framework Directive) as well as the relevance criteria contained in that recommendation.

Once the substitution considerations underlying the delineation of markets had been assessed, the public consultation on the draft "RTR review of the markets identified in the TKMVO 2003 (as amended by Federal Law Gazette II No. 117/2005), in which the relevant national markets susceptible to sector-specific regulation were identified according to national circumstances, in line with the principles of general competition law, taking into account the requirements of sector-specific regulation and including new considerations on market delineation" was launched in accordance with Art. 128 TKG 2003 on December 22, 2005.

After completing the consultation procedure and duly considering the comments received in the consultation, RTR published decisions regarding the relevant national markets susceptible to sector-specific regulation on February 6, 2006, October 2, 2006 and May 14, 2007.

Telecommunications Markets Ordinance 2008 (TKMV 2008)

The Telecommunications Markets Ordinance 2008 (TKMV 2008) and the accompanying explanatory remarks went into effect on December 30, 2008 in accordance with Art. 135 Par. 2 of the Austrian Telecommunications Act (TKG) 2003.

The original version of the TKMV 2008 (December 30, 2008) defined nine relevant national markets subject to sector-specific regulation.

Where the markets had already been defined in the TKMVO 2003, the corresponding market definitions under that ordinance were abrogated.

When the 2nd amendment to the TKMV 2008 went into effect on February 1, 2010 (see below), the TKMVO 2003 was completely abrogated.

1st amendment to the Telecommunications Markets Ordinance 2008 (TKMV 2008)

The 1st amendment to the Telecommunications Markets Ordinance 2008 (TKMV 2008) issued by RTR went into effect on April 2, 2009.

With this amendment to the TKMV 2008, the market for "Publicly available telephone services provided at a fixed location for non-residential customers (retail market)" was defined as susceptible to sector-specific regulation.

2nd amendment to the Telecommunications Markets Ordinance 2008 (TKMV 2008)

The 2nd amendment to the Telecommunications Markets Ordinance 2008 (TKMV 2008) was announced by RTR on December 22, 2009. This amendment to the TKMV 2008 went into effect on February 1, 2010.

With this amendment, the "Wholesale market for the provision of broadband access for non-residential customers" was defined as susceptible to sector-specific regulation.

As a result, the markets listed below are currently defined as susceptible to sector-specific ex ante regulation. In accordance with the transitional provision under Art. 133 Par. 11 TKG 2003 (as last amended), the TKMV 2008 as amended by Federal Law Gazette II No. 468/2009 will remain in force until the first procedures pursuant to Articles 36 and 37 (as last amended) are completed with regard to the markets to be reviewed under those provisions.

For additional information on the markets defined in this sector, please refer to the overview of all ordinances defining relevant markets, the corresponding explanatory remarks and the reviews carried out for individual markets.

Click here for more information on the decisions taken to date regarding the identification of significant market power on markets subject to sector-specific regulation.