Relevant markets

Market definition

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.

Following the entry-into-force of the 7th amendment to the TKG 2003 on Nov. 22, 2011, the Telekom-Control-Kommission is responsible for the definition of relevant markets subject to sector-specific regulation. In various market analysis proceedings initiated 2012 and 2015, the Telecom-Control-Kommission has defined the markets listed below as relevant for an imposition of sector-specific ex-ante obligations:

Wholesale call termination on individual public telephone networks provided at a fixed location - Proceeding M 1.8/12

Wholesale voice call termination on individual mobile networks - Proceeding M 1.10/12

Wholesale local access provided at a fixed location - Proceeding M 1.5/15-115

Wholesale central access provided at a fixed location - Proceeding M 1.6/15-117

Wholesale high-quality access provided at a fixed location - Proceeding M 1.8/15-74

Retail market for POTS/Basic ISDN access provided to non-residential subscribers at a fixed location - Proceeding M 1.4/15-49

Before entry-into-force of the 7th amendment to the Telecom Act ("TKG 2003") on Nov. 22, 2011, telecommunications markets subject to sector-specific regulation were defined in the Telekommunikationsmärkteverordnung 2008 - TKMV 2008 (30.12.2008), amended by 1. Novelle der TKMV 2008 (2.04.2009) and 2. Novelle der TKMV 2008 (22.12.2009). Following conclusion of the market analysis proceedings still pending on Nov. 22, 2011, the TKMV 2008 went out of force.