The European Antitrust Review 2012

Italy: Telecoms

20 September 2011

Telecoms regulatory framework: status of the analysis of the telecommunication markets as defined by the EC Recommendations No. 879 on 17 December 2007 and No. 311 on 8 May 2003 Over the past 12 months, the Italian Regulatory Authority (IRA or the Authority) has concluded the analysis of some markets defined by the EU Commission Recommendation on 17 December 2007 (2007/879/EC) ‘on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation’, in accordance with Directive 2002/21/EC of the European Parliament and of the Council, ‘on a common regulatory framework for electronic communications networks and services’ (2007 Recommendation), as well as the second cycle of the analysis of some markets which were identified under the former Recommendation No. 2003/311/EC (published in the Official Journal of the European Communities on 8 May 2003; 2003 Recommendation) no longer provided by the 2007 Recommendation,1 given that in the IRA’s view, some markets of the former Recommendation could still need an ex ante regulation in the light of the possible results of the triple test provided by the 2007 Recommendation.2