BEREC Opinion on Phase II investigation pursuant to Article 7a of Directive 2002/21/EC as amended by Directive 2009/140/EC: Cases IT/2013/1489-1490 Review of wholesale prices on markets 4 and 5 in Italy

On 12 July 2013, the Commission registered a notification by the Italian Regulatory Authority, Autorità per le garanzie nelle comunicazioni (AGCOM), concerning the review of wholesale prices on markets 4 and 5 in Italy under case numbers IT/2013/1489-1490.
On 12 August 2013, pursuant to Article 7a of the Framework Directive (Directive 2002/21/EC), the Commission informed AGCOM and the Body of European Regulators for Electronic Communications (BEREC) of its reasons for considering that the draft measure would create a barrier to the internal market and communicated its serious doubts as to compatibility of the proposed measure with EU law.
In that respect, as required by Article 3(1)(a) of the BEREC Regulation (Regulation (EC) № 1211/2009) and in relation with Article 7a of the Framework Directive, on 20 September 2013 BEREC adopted the current opinion in relation to phase II investigation pursuant to Article 7a of Directive 2002/21/EC as amended by Directive 2009/140/EC: Cases IT/2013/1489-1490, “Review of wholesale prices on markets 4 and 5 in Italy”.