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Section 84: Review of services market identifications and determinations

Communications Act 2003 · 2003 c. 21View on legislation.gov.uk

Part 2: Networks, services and the radio spectrum — Chapter 1: Electronic communications networks and services

This section applies where OFCOM have identified and analysed a services market for the purposes of making a market power determination.

OFCOM must, when required to do so by section 84A and at such other times as they may consider appropriate, carry out further analyses of the identified market for one or both of the following purposes—

reviewing market power determinations made on the basis of an earlier analysis;
deciding whether to make proposals for the modification of SMP conditions set by reference to a market power determination made on such a basis.

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Where on, or in consequence of, a further analysis under this section, OFCOM determine that a person to whom any SMP conditions apply is no longer a person with significant market power in that market, they must revoke every SMP services condition applied to that person by reference to the market power determination made on the basis of the earlier analysis.

Before carrying out a further analysis under subsection (2), OFCOM may review any decision of theirs identifying the markets which it was appropriate to consider for the purpose of carrying out an earlier analysis.

Where, on such a review, OFCOM conclude that the appropriate markets have changed—

they must identify the markets they now consider to be the appropriate ones; and
those markets shall be the identified markets for the purposes of the further analysis.

Sections 79 to 81 apply—

in relation to the identification of a services market for the purposes of reviewing a market power determination under this section, as they apply in relation to the identification of such a market for the purpose of making a market determination; and
in relation to the review of such a determination, as they apply in relation to the making of such a determination.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.