S.L. 399.48 Art. 52Procedure for the identification and definition of markets, and for the identification of transnational markets. Cap. 418.

(1) The Authority shall, taking the utmost account of the

Recommendation on Relevant Product and Service Markets and of the

SMP guidelines published by the European Commission in accordance with the provisions of Article 64(1) and (2) of the Electronic

Communications Code, define relevant markets appropriate to national circumstances, in particular relevant geographic markets within Malta by taking into account, the degree of infrastructure inter alia, competition in those areas, in accordance with the principles of competition law:

Provided that the Authority shall, where relevant, also take into account the results of the geographical survey conducted in accordance with regulation 17(1) to (5). In doing so the Authority shall follow the procedures referred to in article 4A of the Malta Communications Authority Act and in regulation 21 before defining the markets that may differ from those identified in the aforesaid Recommendation of the European Commission.

(2) If the European Commission, or the Authority and at least another national regulatory authority from another Member State submit a reasoned request, including supporting evidence, BEREC AND SERVICES (GENERAL)

shall conduct an analysis of a potential transnational market. After consulting stakeholders and taking utmost account of the analysis carried out by BEREC, the European Commission may adopt decisions identifying transnational markets in accordance with the principles of competition law and taking utmost account of the Recommendation and SMP guidelines adopted in accordance with Article 64 of the Electronic Communications Code.

(3) In the case of transnational markets identified in accordance with sub-regulation (2), the Authority and the national regulatory authority or authorities of the other Member State or States concerned shall jointly conduct the market analysis taking the utmost account of the SMP guidelines and, in a concerted fashion, shall decide on any imposition, maintenance, amendment or withdrawal of regulatory obligations referred to in regulation 54(8) and in Article 67(4) of the Electronic Communications Code. The Authority together with the national regulatory authority or authorities of the other Member State or States concerned shall jointly notify to the European Commission their draft measures regarding the market analysis and any regulatory obligations pursuant to regulations 21 and 22 and to Articles 32 and 33 of the Electronic Communications Code:

Provided that the Authority and one or more national regulatory authorities from other Member State or States may also jointly notify their draft measures regarding the market analysis and any regulatory obligations in the absence of transnational markets, where they consider that market conditions in the respective jurisdictions are sufficiently homogeneous.