The elements constituting this process include the definition of relevant markets in accordance with the Commission’s Recommendation on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC (11) (hereinafter referred to as ‘the Recommendation’), the analysis of the defined markets in accordance with the Commission’s guidelines on market analysis and the assessment of significant market power under the Union regulatory framework for electronic communications networks and services (12), the designation of operators with significant market p ...[+++]ower and the imposition of ex-ante obligations on operators so designated.

The elements constituting this process include the definition of relevant markets in accordance with the Commission's Recommendation on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC (hereinafter referred to as ‘the Recommendation’), the analysis of the defined markets in accordance with the Commission's guidelines on market analysis and the assessment of significant market power under the Union regulatory framework for electronic communications networks and services, the designation of operators with significant market power and t ...[+++]he imposition of ex ante obligations on operators so designated.

Where the relevant market analyses indicate that the market conditions remain broadly constant, NRAs should apply a consistent regulatory approach over appropriate review periods.

evidence that the imposition and enforcement over a reasonable period, taking due account of regulatory best practice, of appropriate obligations amongst those identified in Articles 9 to 13, to achieve effective competition following a coordinated analysis of the relevant markets in accordance with the market analysis procedure set out in Article 16 of Directive 2002/21/EC (Framework Directive), has failed and would fail on a persistent basis to achieve effective competition and that there are important and persisting competition problems and market failures identified in several of the wholesale product markets analysed ;

The elements constituting this process include the definition of relevant markets in accordance with the Commission's Recommendation (8) on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC (hereinafter referred to as ‘the Recommendation’), the analysis of the defined markets in accordance with the Commission's guidelines on market analysis and the assessment of significant market power under the Community regulatory framework for electronic communications networks and services (9), the designation of operators with significant market ...[+++] power and the imposition of ex ante obligations on operators so designated.

37. Whilst a prospective analysis of market conditions may in some cases lead to a market definition different from that resulting from a market analysis based on past behaviour(22), NRAs should nonetheless seek to preserve, where possible, consistency in the methodology adopted between, on the one hand, market definitions developed for the purposes of ex-ante regulation, and on the other hand, market definitions developed for the purposes of the application of the competition rules.