marketdeinition: experiencefrom’recent’’ draft’decisions · 2014-08-14 · digital’ tv’...
TRANSCRIPT
Market De)inition: Experience from recent
draft decisions
CERRE Regulation Forum 21 June 2011
Catherine Rutten (BIPT)
Digital TV
Telephony
Telephony
Analogue TV
Analogue TV
Digital TV
Broadband internet
Consumer
= currently not available
= currently available
Digital TV
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Topics
How to de?ine a market ?
How does the market look like ?
How to regulate ?
Which regulation ?
Questions
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How to de)ine a market ? European Commission’s List of
markets susceptible to ex ante regulation : 1. Access to ?ixed telephone network 2. Call origination on ?ixed telephone network
3. Call termination on ?ixed telephone networks
4. Wholesale access (unbundled access) at a ?ixed location
5. Wholesale broadband access (bit-‐stream’ access)
6. Wholesale terminating segments of leased lines
7. Mobile termination
Other markets can be de?ined by NRA Competition law principles Forward looking perspective Demand & supply side substituability
Limit number of markets susceptible for ex ante regulation by “three criteria test”
Newly emerging markets should not be subject to inappropriate regulation
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How does the market look like ?
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12% 24%
40% 44% 11%
11%
12% 11%
78% 65%
49% 45%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
2007 2008 2009 Q1 2010
Share of broadband Internet customers with a bundle including or not digital TV
relative to the total number of Internet users
Broadband only
Bundles incl. broadband without digital television
Bundles incl. broadband and digital television
22%
34%
49%
55%
0%
10%
20%
30%
40%
50%
60%
2007 2008 2009 2010
Share of broadband Internet customers with a bundle relative to the total number of Internet
users
How does the market look like ?
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8%
17%
25%
37% 34%
46%
54%
62%
0%
10%
20%
30%
40%
50%
60%
70%
2007 2008 2009 2010
Share of customers with a bundle including TV in the total number of TV customers
Total number of customers with TV (analog and / or digital) into a bundle compared to total number of customers with TV
Total number of digital television viewers with a bundle compared to total number of digital TV viewers
How does the market look like ? What’s in for the consumer?
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70%
13%
2%
15%
0%
10%
20%
30%
40%
50%
60%
70%
80%
Discount rate Single invoice Image of the company, trust in
the company
Do not know
Drivers for multiple play
De)ine product market
Substituability tests Pay TV / Free TV Analogue TV / Digital TV Digital Cable TV / IPTV DSL TV Digital Cable TV / satellite TV (non sub.) Digital Cable TV / Digital Terrestial Television (non sub.) Digital Cable TV / Mobile TV (non sub.) Digital Cable TV / WeB-‐TV (non sub.)
No separate market for bundles Relevant Product Market is de?ined as “Retailmarket for the
delivery of analogue and digital broadcasting signals over the Cable (CATV) and DSL broadcasting signals delivered over copper (IPTV)”
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De)ine geographic market
Geographic market segmentation corresponding to the coverage areas of the 5 individual cable operators in Belgium:
Offers of 5 cable operators are not demand-‐substitutable;
No supply substitution; No manifest chain substitution between cable operators as a result of Belgacom’s national IPTV network;
Different competitive conditions between coverage areas;
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De)ine geographic market
Cable operator A (Coverage Area A)
Cable operator B (Coverage Area B)
Belgacom TV (national coverage)
no manifest chain
substitution
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Three Criteria test
High and non-‐transitory entry barriers; No tendency towards effective competition with relevant time
horizon; Competition law alone would not adequately address the market
failures identi?ied; => Market is relevant for ex ante regulation
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Which [proposed] regulation ?
Broadband
Belgacom SMP
Market 4
LLU
Belgacom SMP
Market 5
Bitstream incl. Multicast
Broadcast
Cable Operators SMP
on analog & digital
Resale analog
Digital TV transmission
Resale broadband
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Belgian institutional landscape Sector Consultation (21 december 2010-‐ 18 February 2011)
BIPT : Telecom regulator 1 draft decision
4 media regulators in Belgium: CSA, VRM, Medienrat, BIPT 4 draft decisions imposing remedies on 5 cable operators q BIPT proposing remedies on Brutele, Numéricable, Telenet q CSA proposing remedies on Brutélé, Tecteo,Telenet,A.I.E.S.H. q Medienrat proposing remedies on Tecteo q VRM proposing remedies on Numéricable, Tecteo, Telenet
q Advice of the National Competition Authority on 21 February 2011 q “CRC” (= NRA which combining the 4 regulators) noti?ied draft
decisions to the European Commission on 20 May 2011 q Reaction European Commission (cfr press release 21 June 2011) q Next steps
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