GSMA-ETNO Position Paper on a New Competition Tool
The GSMA & ETNO associations, which represent the vast majority of telecom operators in the European Union, welcome the opportunity to provide input to DG Competition on the possibility to introduce a New Competition Tool (NCT). In summary, GSMA & ETNO European mobile and fixed telecom operator’s position on the matter and response to the Commission’s Inception Impact Assessment and questionnaire is as follows:
- The existing competition framework is fit for purpose; however, it needs to be revised in order to be able to address the challenges brought by the digital economy. Both associations welcome the Commission’s efforts and ongoing reviews and believe that the Commission should focus on such revisions before introducing any additional tools;
- In order to ensure a smart and faster enforcement process, DG COMP could make an increasing use of existing measures, such as sector
enquiries and interim measures;
- Structural competition problems mentioned in the questionnaire relate to large digital actors and should therefore be addressed by imposing specific measures to such actors when competition law has proven to be insufficient. This is being tackled currently by the DSA proposal on ex-ante rules for large platforms acting as gatekeepers. Therefore, there is no need for a NCT. However, we do not exclude the possibility that competition policy should be able to issue targeted actions towards digital gatekeepers;
- Articles 103 and 114 TFEU do not seem to provide the adequate legal basis for introducing a tool following the options expressed by the Commission in its IIA;
- If the Commission decides nevertheless to propose the introduction of a NCT:
- it should be limited to address the structural problems deriving from large online platforms acting as gatekeepers and therefore limited in scope;
- it should include an adequate system of checks and balances to provide market actors with the appropriate certainty and rights of defence.
For more information please contact:
Maria Sendin Valle
Antitrust Counsel, GSMA
As Antitrust Counsel Maria provides advice and counsel to GSMA departments on all aspects of antitrust law and policy. Additionally, Maria follows antitrust policy and enforcement developments in the world with a particular focus in Europe and the European Union Institutions.
Before joining the GSMA in 2017, Maria worked for a Public Affairs consultancy in Brussels, where she developed and implemented public affairs, communications and public relations campaigns for clients in the technology, competition and social affairs sectors. Maria moved to Brussels in 2012 to work for the European Commission Competition department and prior to that worked as a competition and EU lawyer for an international law firm in Madrid (Spain).
Maria has a Bachelor degree in Law, a Bachelor degree in Economics and a Masters Degree in EU and Competition law by Carlos III University of Madrid. She is a native Spanish speaker, fluent in English and Italian and has good knowledge of German and French.