The European Commission has stated that the various regulatory authorities must use a specific method when drawing up SMP decisions.
- First, the geographical and product-related scope of the market is determined;
- If there are problems related to competition, PTS must decide which operator(s) has (have) significant market power;
- PTS must then decide on obligations for these operators; for example, whether to provide other operators with access to networks or services.
After PTS has drawn up a draft concerning the relevant sub-markets, examined whether there are any stakeholders that have significant power in the respective market and examined which obligations it would be appropriate to impose on these undertakings, it is time for the Agency to consult with the operators, the Swedish Competition Authority and the European Commission.
The time required for external consultation may vary depending on, for instance, new issues arising and the need for meetings with the European Commission.
First round of consultations with operators
For one month, the operators are given an opportunity to express their views on the draft decision concerning market definition, SMP assessment and the obligations that PTS intends to make a decision on.
Following the consultations, the views of the operators will be published on PTS's website. PTS will then incorporate these views into the draft decision.
Consultation with the Swedish Competition Authority
The draft decision will be sent to the Swedish Competition Authority, which has one month to issue a statement of views.
Following this consultation, the views will be published on PTS's website. PTS will then incorporate these views into the draft decision.
Second round of consultations with operators
For a period of one month, the operators will once again be given an opportunity to express an opinion about the draft decision.
Following these consultations, the views of the operators will be published on PTS's website. PTS will then incorporate these views into the draft decision.
Notification of the European Commission and the regulation authorities
The proposed decision will be submitted to the European Commission and other European regulatory authorities.
The European Commission has one month to submit a statement of views concerning the proposed decision. PTS will publish the decision on its website. Any revisions to the draft decision based on the European Commission's statement of views will be made.
PTS will send the final decision to the recipients, and the obligation decision will be published on PTS's website.