09 September, 2020

ETNO - GSMA Position Paper on a New Competition Tool

ETNO and GSMA associations, which represent the vast majority of telecom operators in the European Union, welcome the opportunity to provide input to DG Competition on the possibility to introduce a New Competition Tool (NCT). In summary, GSMA & ETNO European mobile and fixed telecom operator’s position on the matter and response to the Commission’s Inception Impact Assessment and questionnaire is as follows:

• The existing competition framework is fit for purpose; however, it needs to be revised in order to be able to address the challenges brought by the digital economy. Both associations welcome the Commission’s efforts and ongoing reviews and believe that the Commission should focus on such revisions before introducing any additional tools;
• In order to ensure a smart and faster enforcement process, DG COMP could make an increasing use of existing measures, such as sector enquiries and interim measures;
• Structural competition problems mentioned in the questionnaire relate to large digital actors and should therefore be addressed by imposing specific measures to such actors when competition law has proven to be insufficient. This is being tackled currently by the DSA proposal on ex-ante rules for large platforms acting as gatekeepers. Therefore, there is no need for a NCT. However, we do not exclude the possibility that competition policy should be able to issue targeted actions towards digital gatekeepers.
• Articles 103 and 114 TFEU do not seem to provide the adequate legal basis for introducing a tool following the options expressed by the Commission in its IIA;
• If the Commission decides nevertheless to propose the introduction of a NCT:
  • it should be limited to address the structural problems deriving from large online platforms acting as gatekeepers and therefore limited in scope;
  • it should include an adequate system of checks and balances to provide market actors with the appropriate certainty and rights of defence.

Read the ETNO - GSMA Position Paper on a New Competition Tool by clicking on the link below.