Notification of a draft measure according to Article 7 of Directive 2002/21 EC (Framework Directive)

Section 1

Market Definition

The relevant product/service market is the market “Wholesale market for international roaming on public mobile networks” (market no. 17)”. This market is mentioned in the Commission’s Recommendation of 11 February 2003 on relevant product and services markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21 EC (OJ L 114, 8.5.2003) as well as in article 3 of the General Act on relevant markets (Uradni list RS, 77/04) of the Post and Electronic Communications Agency of the Republic of Slovenia (hereinafter: APEK).

APEK identified the relevant market as market that includes outgoing calls, created by the foreign users when making calls in the network of Slovenian mobile operators as well as SMS services on both 2G and 3G networks. The relevant market does not include termination of international roaming services (i.e. incoming calls received by foreign users when roaming in the network of Slovenian mobile operators), since those services are already included in the market 16.

The relevant geographic scope of the market is national territory of Slovenia.

Section 2

Designation of an undertaking with significant market power

2.1 An undertaking designated as having significant market power

None of undertakings present on the relevant market has been designated as having a significant market power individually or jointly with others.

2.2 Criteria for SMP designation

In the context of the market analysis procedure, following indicators were analyzed:

-  market shares

-  barriers to entry in to the relevant market and the effect on potential competition on that market

-  high countervailing buying power

-  economies of scale and economies of scope

-  control of infrastructure not easily duplicated

-  technological advantages or superiority

APEK analyzed some additional indicators regarding the joint dominance, which showed that no undertaking on the relevant market is jointly with others in position of dominance (see paragraph 3.7. of the Market Analysis).

2.3 Main competitors present/active in the relevant market

There are 3 mobile operators present on the relevant market: Mobitel telekomunikacijske storitve d.d. (Mobitel), Simobil telekomunikacijske storitve d.d. (Simobil) and Western Wireles International d.o.o. (WWI) [1].

2.4 Market shares

The market shares of above mentioned undertakings are the following:

-in term of voice volume: Simobil d.d. 50,28 %, Mobitel 46,59% and WWI 3,13%,

-in term of revenues: Mobitel 49,40%, Simobil 47,98% and WWI 2,62%.

2.5 Summary of the opinion of National Competition Authority

The Competition Authority (hereinafter: UVK) agrees with APEK’s analysis and has no remarks.

2.6 Results of public consultation

The national consultation runs in parallel with the Community consultation under Article 7 of the Framework Directive. APEK started with national consultation on 7 July 2006, which is due on 6 August 2006.

Section 3

Regulatory Obligations

Regulatory obligations are not concerned by this draft measure.

Section 4

Compliance with International Obligations

There are no international commitments with regard to the proposed draft measure that need to be respected.

[1] WWI ceased its operations on 31 May 2006. Under the agreement confirmed by APEK frequencies were obtained by Tušmobil d.o.o. .