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欧盟电信法中的新概念——“重要市场力量”

  Conclusively, the Commission maintained serious doubt regarding Ficora’s conclusion of no SMP on the markets concerned.
  2. Case FI/2004/0082
  A. The Contested Draft Measure
  In this case, Ficora’s market analysis concludes that TeliaSonera has SMP in the Finnish market for access and call origination on public mobile telephone networks.
  B. Arguments of Ficora
  Ficora bases its findings mainly on the following factors: (1) high market share (more than 60%), (2) control of infrastructure not easily duplicated, (3) lack of countervailing buying power and (4) network effects, economies of scale and scope, and financial strength.
  C. Assessment of the Commission
  The Commission found that Ficora did not actually look at the dynamics on the market, for example, the competition from network operators and the countervailing buying power from service providers (SPs) and mobile virtual network operators (MVNOs). In addition, it seems that TeliaSonera faces competition because its competitors can increase their capacity to make competitive bids to SPs and MVNOs. While not contesting that network effects, economies of scale and scope resulting from the overall size of a network and financial advantages may be taken into account as indicators of SMP, Ficora did provide sufficient information therein.
  
  In sum, the Commission maintained serious doubt regarding Ficora’s conclusion of TeliaSonera’s SMP on the markets concerned.
  III. Conclusion: A Comparative Study
  1. A very large market share itself is determinative
  Calculation of market share of the undertaking(s) concerned is still the first step which should be taken by NRAs to assess SMP. Although market shares alone are not in themselves indicative of the presence or lack of market power, according to established case-law under EC competition rules, a very large market share is in itself evidence of a dominant position, save in exceptional cases. 


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