Market definition

(1) Within the discretion available to it, and having regard to the objectives and principles of section 2 and to the principles of general competition law, the Federal Network Agency defines the telecommunications markets relevant in product and geographic terms that may be considered for regulation under this Division.
(2) In defining markets under subsection (1), the Federal Network Agency takes the fullest possible account of the following publications of the Commission, as amended from time to time:
1. Commission Recommendation (EU) 2020/2245 of 18 December 2020 on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive (EU) 2018/1972 of the European Parliament and of the Council establishing the European Electronic Communications Code (OJ L 439, 29.12.2020, p. 23), and
2. the guidelines on market analysis and the assessment of significant market power under Article 64(2) of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (OJ L 321, 17.12.2018, p. 36). In defining geographically relevant markets, the Federal Network Agency takes into account, among other things, the intensity of infrastructure competition in those areas. It may take into account the information collected under sections 79 to 83.
(3) Where BEREC has identified transnational demand under Article 66(2) of Directive (EU) 2018/1972, the Federal Network Agency takes the fullest possible account of the guidelines on the joint approach of the regulatory authorities to meeting an identified transnational demand.