The Agency for Electronic Communications and Postal Services shall be obliged, in accordance with Article 8, points 18 and 22, and provisions of Chapter V related to ensuring competition in the Law on Electronic Communications, to conduct the analysis of relevant markets in Montenegro for the purpose of evaluating the level and development of relevant market competitiveness and designating the operators with significant market power that are subject to ex ante regulation.
The economic analysis of relevant markets consists of three steps:
- definition of relevant markets – for determining a definition of the market, it is necessary to determine a relevant service market and a relevant geographical market;
- analysis of relevant markets – based on the analysis, the Agency determines if there is a SMP operator in the market or there are two or more SMP operators;
- determination of regulatory measures or obligations – defining regulatory obligations for SMP operators.
The European regulatory framework (EC Framework Directive) provides that when determining relevant service markets and relevant geographical markets, the account should be taken of specific national circumstances.
Pursuant to the provisions of the Law on Electronic Communications, which is harmonized with the EC regulatory framework, economic analyses of relevant markets are carried out in accordance with “Commission Guidelines for carrying out market analysis and designation of undertakings with SMP” and the list of relevant markets contained in the Revised Recommendation of European Commission on relevant markets from 2007. The Agency may expand the list of relevant markets during identification of other relevant markets if it is determined and proved that ex ante regulation is justified.