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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 9 June 2023 - onwards
Version 3 of 3

Regulation 61 Commitments procedure

(1) An undertaking designated as having significant market power in one or several relevant markets in accordance with Regulation 49, may offer commitments to the Regulator regarding conditions for access, co-investment, or both, applicable to its networks in relation, inter alia, to -

(a) cooperative arrangements relevant to the assessment of appropriate and proportionate obligations pursuant to Regulation 50,

(b) co-investment in very-high-capacity networks pursuant to Regulation 58, or

(c) effective and non-discriminatory access by third parties pursuant to Regulation 60, both during an implementation period of voluntary separation by a vertically integrated undertaking and after the proposed form of separation is implemented.

(2) The offer for commitments referred to in paragraph (1) shall be sufficiently detailed including as to the timing and scope of their implementation and their duration, to allow the Regulator to undertake its assessment pursuant to paragraph (3). Such commitments may extend beyond the periods for carrying out market analysis provided in Regulation 49(9).