BEREC Opinion on Phase II investigation (Article 7) Case HU/2018/2107
On 16 August 2018, the European Commission registered a notification by the Hungarian Regulatory Authority, NMHH, concerning market 4. The Commission initiated a phase II investigation, pursuant to Article 7 and 7a of Directive 2002/21/EC as amended by Directive 2009/140/EC, with a serious doubts letter on 17 September 2018.
Commission’s doubts concern the SMP assessment, the under-recovery of costs and the mark-up for company size in the WACC calculation. The latter two doubts will be assessed in a separate Opinion. The latter two doubts will be assessed in a separate Opinion. In accordance with the BEREC rules of procedure, the Expert Working Group (EWG) was established immediately after that date with the mandate to prepare an independent BEREC opinion on the justification of the Commission’s serious doubts on the case.
Based on the economic analysis set out in this Opinion, BEREC considers that the Commission’s serious doubts are not justified.