BEREC Opinion on Phase II investigation pursuant to Article 32 of Directive (EU) 2018/1972. Case DK/2021/2346 Market for high-capacity infrastructure (M1/2020) in Denmark
On 3 November 2021, the Commission registered a notification from the Danish national regulatory authority (NRA), the Danish Business Authority (DBA), concerning the market for high capacity infrastructure and the market for low capacity infrastructure in Denmark, specifically 17 geographic markets for fixed local and central wholesale access in Denmark.
On 1 December 2021, the Commission sent a serious doubts letter opening a phase II investigation pursuant to Article 32 of Directive (EU) 2018/1972. The Commission’s serious doubts concern DBA’s SMP assessment and its three criteria test on the markets for high capacity infrastructure. The investigation specifically concerns five designations of SMP in the following Danish geographic markets (with the respective SMP operators): Trekantområdet (EWII S/I), Skanderborg-Odder (Aura), Ikast (Energi Ikast a.m.b.a.), Brande (Midtjyllands Elektricitetsforsynings Selskab a.m.b.a. (MES)) and Vendsyssel (Nord Energi a.m.b.a.).
Subsequently, by a letter of 10 December 2021, DBA withdrew its notifications concerning four SMP designations in the abovementioned geographic markets, namely the markets:
In light of DBA’s decision to withdraw these notifications, the BEREC Opinion focuses solely on the aspects of the Commission’s serious doubts letter with respect to and in the case of the designation of SMP in the Skanderborg-Odder area – i.e. with respect to the operator Aura.