Process

The entire market analysis process – in concentrated form and with inevitable simplifications – is as follows:

The beginning of each market analysis is the definition of the subject-related and geographical dimension of the product and service markets to be examined. The starting point for this is the Market Recommendation of the EFTA Surveillance Authority and the corresponding legal Announcement for Liechtenstein (in German) concerning the markets that are eligible for ex ante regulation in Liechtenstein. Based on this, the Office for Communications determines in a first step which products/services are part of the relevant market and which are not.

Based on the defined market and the data collected about it, the next step is to examine the core question of the market analysis: is there effective competition in the market under investigation, or does one or do several providers have significant market power? This market power analysis is usually based on a review of the market shares of the companies concerned. The Office for Communications subsequently examines additional criteria set forth in Art. 31 of the Ordinance on Electronic Communication Networks and Services, which either support or weaken the presumed market power. Thanks to this approach, companies with a market share of more than 50% can be classified as non-dominant and, conversely, those with less than 50% can be defined as dominant.

The following obligations may be imposed on companies with significant market power as part of special regulation measures:

• non-discrimination obligation
• transparency obligation
• obligation to keep separate accounts
• access to network facilities and network functions
• charging control and access cost accounting
• obligations relating to services to end users
• provision of leased lines
• obligations with respect to end-user charges
• operator selection and operator pre-selection

Before the Office for Communications issues measures of special regulation, interested parties will be given a the possibility to comment on the matter. In addition to this national consultation procedure, the draft measures are submitted to the EFTA Surveillance Authority in Brussels for review.

The Office for Communications issues special regulation measures by Decree.