The Dutch regulator believes KPN no longer has SMP in Market 4.
A long overdue review: The Dutch regulator, the ACM last reviewed the market for leased lines in 2012. In 2015, a ruling of the Business Tribunal annulled the part of the decision related to KPN’s fibre products, leaving regulation on copper products only. On 19 November 2020, the ACM opened a public consultation on a new draft analysis of the market, corresponding to the European Commission's Market 4 in the Recommendation on relevant markets.
The ACM proposes to deregulate entirely: In the draft, the regulator confirms the view taken by the tribunal in 2015 on fibre networks, and now extends it to copper networks. The ACM notes that access seekers now have more options due to increased competition on fibre, making them less dependent on KPN’s network. Copper access is also losing relevance, thereby removing the need to keep regulation in place.
A final decision is due in 2021: The ACM is seeking views on the draft until 14 January 2021. A final decision is expected during H1 2021, after the review has been notified to the European Commission.
