The Dutch Telecom Regulator escapes the Commission’s veto on broadcasting via cable markets (OPTA)

On 3 October 2005 the Dutch telecoms regulator, OPTA (Onafhankelijke Post en Telecommunicatie Autoriteit), notified the European Commission of a draft market analysis decision concerning the retail markets for the supply of free-to-air radio and television (“RTV”) services via cable networks (the Decision). Unlike the market for broadcasting transmission services, this retail market is not included in the Commission‘s Recommendation on relevant markets (the Recommendation) [1]. In the Decision, OPTA concluded that the market for the supply of RTV services via cable networks was not effectively competitive and that each cable operator had a dominant position in its respective area of supply. For that reason, OPTA found that these markets were candidates for ex ante regulation. OPTA proposed