1. In determining whether a market practice proposed to be established as an AMP complies with the criterion set out in point (b) of Article 13(2) of Regulation (EU) No 596/2014, competent authorities shall consider whether the market practice limits the opportunities for other market participants to respond to transactions. Competent authorities shall also consider at a minimum the following criteria relating to the types of persons who will perform the market practice once established as an AMP:

(a) whether they are supervised persons;

(b) whether they are members of a trading venue where the AMP will be performed;

(c) whether they maintain records of orders and transactions relating to the market practice performed in a way that allows it to be easily distinguished from other trading activities, including through the maintenance of separate accounts for the performance of the AMP, in particular to demonstrate that orders introduced are entered separately and individually without aggregating orders from several clients;

(d) whether they have put in place specific internal procedures allowing:

(i) immediate identification of the activities relating to the market practice;

(ii) ready availability of the relevant orders and transaction records to the competent authority upon request;