Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Market power definition

What does Market power mean? In competition law practice, market power describes a firm’s ability to profitably raise and sustain prices above the competitive level, or to worsen non-price terms (such as quality, choice or innovation), for a non-transitory period. It is not generally defined in legislation; its meaning is derived from case law and economic analysis, typically following market definition (product and geographic) and tools such as the SSNIP/hypothetical monopolist test. Market power is central to assessments of dominance and abuse of dominance (Chapter II Competition Act 1998 in the UK; Article 102 TFEU in Ireland/EU law), merger control, market investigations and sectoral regulation. Evidence...

Ofcom Regulation of Market Power in UK Telecommunications: SMP Framework, Market Reviews (PIMR, BCMR, WFTMR, WVMR, Hull Area), Appeals, and the Digital Markets, Competition and Consumers Act 2024

Published by a LexisNexis TMT expert

Practice notes

Telecommunications in the UK is governed by both sector‑specific regulation and the general framework of Competition law. This Practice Note explains how Ofcom, the UK’s national regulator, undertakes market reviews of the telecoms sector, with a particular emphasis on the Physical Infrastructure and Business Connectivity Markets, and the Wholesale Fixed Telecoms Market Review.

Ofcom’s powers

Ofcom has powers under the Communications Act 2003 (CA 2003) to assess defined markets, judge whether competition is effective, and impose suitable remedies where competition issues are found. Several of these powers originated in European directives transposed into UK law. The most recent is Directive (EU) 2018/1972, which establishes the European Electronic Communications Code (Recast), implemented in December 2020. Those powers continue to apply because the implementing measures are EU‑derived domestic legislation and now sit within assimilated law. For further detail on the European Electronic Communications Code, see the Practice Note on the European Electronic Communications Code. ‘Assimilated law’ is the term for retained EU law (REUL) that remains in effect after the end of 2023. The re‑categorisation of REUL (and related terms) to...

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Ronnie Preiskel

Preiskel & Co LLP

Ronnie Preiskel, Managing Partner, Preiskel & Co LLP Ronnie is a co-founder of the telecoms and technology specialist law firm, Preiskel & Co LLP. He has over 20 years' experience working in the telecoms, media and technology sectors in a wide variety of roles. Ronnie is ranked in various guides such as Chambers & Partners and Legal 500. Ronnie has the benefit of having worked for many years within the industry including for British Telecommunications PLC, a Vodafone JV and a mobile services start-up. In addition to his work in the TMT sector, Ronnie also advises a number of retail and leisure businesses on fundraising, franchising and commercial matters. ...

Web page updated on 21/05/2026

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