# The Electronic Communications (Market Analysis) Regulations 2003, Regulation 5: Market identification and analysis


(1) The Director shall—
(a) make proposals for identification (by reference, in particular, to area and locality) of the markets for electronic communications networks, electronic communications services and associated facilities which in his opinion are the ones which in the circumstances of the United Kingdom are the markets in relation to which it is appropriate to consider whether to make a determination that a person has significant market power;
(b) carry out an analysis of the identified markets; and
(c) based on that market analysis, make proposals for determination as to whether any person in the identified markets has significant market power.
(2) In identifying and analysing those markets, and in considering whether to make any such proposals, the Director must take due account of all applicable guidelines and recommendations which—
(a) have been issued or made by the European Commission in pursuance of a Community instrument; and
(b) relate to market analysis or the determination of what constitutes significant market power.
(3) A person shall be taken to have significant market power in relation to a market if he enjoys a position which amounts to or is equivalent to dominance of the market.
(4) References in this regulation to dominance of a market must be construed in accordance with any applicable provisions of Article 14 of the Framework Directive.
(5) A person is to be taken to enjoy a position of dominance of a market if he is one of a number of persons who enjoy such a position in combination with each other.
(6) A person or combination of persons may also be taken to enjoy a position of dominance of a market by reason wholly or partly of his or their position in a closely related market if the links between the two markets allow the market power held in the closely related market to be used in a way that influences the other market so as to strengthen the position in the other market of that person or combination of persons.
(7) The matters which must be taken into account in determining whether a combination of persons enjoys a position of dominance include, in particular, those matters set out in Annex II of the Framework Directive.

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Source: https://www.legislation.gov.uk/uksi/2003/330/regulation/5 (the official version)
Page: https://openlegislation.uk/electronic-communications-market-analysis-regulations-2003/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.