Dealing with multi-play bundles

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1 Dealing with multi-play bundles WIK Regulatory Conference Bundling and multi-play: Does it require a new regulatory paradigm? Brussels, May 2011 Ulrich Stumpf 0

2 1. SMP in which market? The issue: SMP obligations to deal with multi-play bundles 2. Is there a competition problem created by multi-play bundling? 3. Which SMP obligations to deal with multi-play bundles? Options for ex ante obligations: Offer the products included in bundles also separately Not margin squeeze/predate through the pricing of bundles Offer access to wholesale inputs for the products included in bundles 1

3 SMP 1. SMP markets related to individual products Telephony access, IC, ULL, WBA TV signals (?), access to cable TV platforms (?) 2. SMP markets related to multi-play bundles No strong evidence of new retail markets for multi-play bundles Customers may unpick bundles in case of a SSNIP Combinations of double play and/or stand-alone products impose a competitive pricing constraint on triple play Chain substitution across different levels of bundling If there were retail markets for multi-play bundles, would they give rise to new wholesale markets characterised by 3 criteria + SMP? 2

4 SMP where? Customers may unpick bundles in case of a SSNIP Country Operator Bandwidth Price of triple play bundle Change of cost, when unpicking Sweden Denmark Telia 8 Mbps % Telia 24 Mbps % Bredbandsbolaget 60 Mbps % TDC 20 Mbps % TDC 50 Mbps % KPN 20 Mbps % to 0.1 % * KPN 40 Mbps % to -6.1 % * Netherlands UPC 25 Mbps % UPC 60 Mbps % Ziggo 10 Mbps % Ziggo 40 Mbps % Germany Deutsche Telekom 16 Mbps % Kabel Deutschland 6 Mbps % Kabel Deutschland 32 Mbps % * depending on region 3

5 Offer the products included in bundles also separately 1. Competition problem Leveraging of market power into more competitive markets through pure bundling/tying 2. Remedies Ex ante obligation to offer telephony access, calls and broadband Internet access also separately Broader bundles also involving TV, OTT, mobile services or terminal equipment subject to ex post competiton law if leveraging is less likely and/or product is not an electronic communications service 4

6 Not margin squeeze/predate through the pricing of bundles 1. Competition problem Leveraging of market power into more competitive markets through a margin squeeze or predatory pricing of bundles 2. Remedies Ex ante obligation not to margin squeeze or predate with bundles of telephony access, calls and broadband Internet access Pricing of bundles also involving TV, OTT, mobile services or terminal equipment subject to ex post competiton law if leveraging is less likely and/or product is not an electronic communications service 5

7 Offer wholesale access to the products included in bundles 1. Competition problem Leveraging of market power into retail market through denial of wholesale access IC, ULL and WBA a classical problem What about multicast WBA and access to cable TV platforms; MVNO access; cable Internet resale (obligations applied by some regulators with regard to bundles)? 2. Remedies Is there any competition problem in the relevant retail market absent wholesale access? If yes, what is the related wholesale market, and is it characterised by 3 criteria + SMP? IC, WLR, ULL and WBA (as in place) Further ex ante obligations only subject to prior identification of a new wholesale market susceptible to ex ante regulation + SMP Access obligations regarding non-electronic communications services (e.g. resale of TV content) subject to ex post competiton law 6

8 Conclusions 1. The focus of ex ante regulation should be on bundles of telephony access, calls and broadband Internet access IC, WLR, ULL and WBA (as in place) Offer products in the bundle also on a stand-alone basis Not margin squeeze or predate with bundles 2. Less scope for ex ante regulation of broader bundles also involving TV, OTT, mobile services or terminal equipment Further ex ante access remedies only subject to prior justification by competition problems in retail market + identification of (new) related wholesale market with SMP Tying practices and pricing subject to ex post competition law 3. Revisit approach if new relevant retail markets for multi-play bundles emerge 7

9 Dr Ulrich Stumpf wik-consult GmbH Postfach Bad Honnef www. wik-consult.com 8

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