S.L. 254.1 Art. 64CMarket analysis procedure.

(1) The Authority may, at any time as it may deem necessary, after having defined a postal services market in accordance with regulation 64A, carry out an analysis of such a market taking into account any guidelines howsoever described by the Authority.

(2) Where the Authority is required under sub-regulations (3) and (4), or regulations 64E to 64I, to determine whether to impose, maintain, amend or withdraw specific obligations on postal operators, it shall determine on the basis of its market analysis referred to in sub-regulation (1) whether a relevant postal services market is effectively competitive.

(3) Where the Authority determines that a postal services market is effectively competitive, it shall not impose or maintain any of the specific regulatory obligations referred to in sub-regulation (2) applicable to a postal operator with significant market power: Provided that in cases where a postal operator had previously been designated as having significant market power and such obligations already exist, the Authority shall, after giving reasonable notice to any parties which the Authority considers to be affected by such withdrawal, withdraw such obligations onerous on the postal operator concerned.

(4) Where the Authority determines that a postal services market is not effectively competitive, it shall designate postal operators as having significant market power in accordance with regulation 64B, and it shall impose on such postal operators appropriate regulatory obligations referred to in sub-regulation (2), or maintain and amend such obligations where they already exist.

(5) The Authority shall, when necessary, carry out a further analysis of a relevant postal services market referred to in sub-regulation (1), and sub-regulations (2) to (4) shall apply accordingly.