Broadband News

Ofcom guidelines on investigations of SMP abuse

Ofcom has this week published updated guidelines on how investigations will take place into allegations of undue discrimination by companies which are determined to have "Significant Market Power (SMP)". This applies to companies which have a dominant position within a specific market.

The Communications Act 2003 s. 45 imposes a limitations on companies in a dominant position not to unduly discriminate against particular persons or groups of persons in relation to network access. The guidelines explain how Ofcom will carry out such investigations, including looking at the differing terms for companies which are in a similar situation as well as considering the special case of vertically integrated service providers (SMP wholesale provider with its own retail arm for example).

More information can be found here.


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