Arcep has asked the Autorité de la concurrence for its opinion on three draft decisions as part of the seventh cycle for analysis of the fixed broadband and superfast broadband wholesale markets for the 2024-2028 period. Its request for an opinion concerned, on the one hand, the definition of product and service markets for which ex-ante intervention is necessary, and, on the other hand, the designation of the operator considered as "exercising a decisive influence" on these different markets.

The opinion issued by the Autorité comes at a pivotal time, as this seventh cycle will see the implementation of the copper network closure plan proposed by Orange. By the end of this plan, in 2030, all subscribers should have migrated to fibre optic networks, which are now the reference networks. The general framework of the new cycle is also different from the old one. For the first time, Arcep is proposing to extend the period from three to five years, despite the persistence of several uncertainties likely to affect regulated markets. Furthermore, at this stage, Arcep has decided to reduce the number of relevant markets it intends to regulate, by excluding from its analysis the market for mass-activated wholesale offers (known as "3b") [1], which has been regulated since the sector opened up to competition.

In its opinion, the Autorité validated Arcep's approach to market definition. It welcomes the measures proposed to ensure the access to the civil engineering infrastructures, which is of key importance and is structuring for the sector, and those aimed at facilitating the migration to fibre. It calls on Arcep to be particularly vigilant for the good implementation of the plan to close Orange's copper network and the accompanying measures, as well as regarding the evolution of market 3b. The Autorité particularly calls on Arcep to ensure that the easing of the quality of service framework linked to the commercial closure of the copper network, and perhaps even more so the unbundling pricing framework, do not create imbalances in the market.

Migration to fibre should help boost competition in the business market. The Autorité calls on Arcep to ensure that operators have access to comprehensive eligibility information and are able to offer effective services with conditions at least similar to those that currently exist on the copper network.

French Competition Authority Reviews Broadband Market Analysis for 2024-2028

The Autorité de la concurrence has issued its opinion to Arcep as part of the seventh cycle for analyzing the fixed broadband and superfast broadband wholesale markets, covering the period from 2024 to 2028. This opinion addresses the necessary ex-ante interventions and identifies the operator that significantly influences these markets.

 This cycle is particularly significant as it coincides with the implementation of Orange's copper network closure plan, which aims for all subscribers to transition to fibre optic networks by 2030. Notably, this cycle will extend the regulatory period from three to five years, despite ongoing uncertainties affecting the regulated markets.

 Arcep has also decided to limit the number of markets under regulation by excluding the mass-activated wholesale offers market from its analysis. The Autorité has validated Arcep's market definition approach and supports measures to ensure access to civil engineering infrastructures, which are crucial for the sector's structure and the migration to fibre.

 Furthermore, the Autorité emphasizes the importance of monitoring the implementation of the copper network closure plan and the related measures. It urges Arcep to ensure that any changes to the quality of service framework and unbundling pricing do not disrupt market balance. The transition to fibre is expected to enhance competition in the business market, and the Autorité calls for operators to have access to comprehensive eligibility information to maintain service quality comparable to the existing copper network.



The Autorité issues its opinion to Arcep as part of the procedure for analysing the fixed broadband and superfast broadband wholesale markets

In accordance with Decree 2022-1284 of 3 October 2022, the Autorité de la concurrence has set up a specific framework for the collection and processing of whistleblower reports, which is also accessible from its website.

The "Whistleblower" framework is reserved for identified private individuals who report or disclose, without direct financial compensation and in good faith, information concerning cartel practices, abuses of a dominant position and State aid. This framework guarantees whistleblowers anonymity, confidentiality and protection from legal proceedings or professional retaliation.

French Competition Authority Establishes Whistleblower Framework

The Autorité de la concurrence, France's competition authority, has introduced a dedicated framework for whistleblowers to report antitrust violations. This initiative is in line with Decree 2022-1284, which was enacted on October 3, 2022.

 The framework is specifically designed for private individuals who wish to report information regarding cartel practices, abuses of dominant market positions, and State aid violations. Importantly, whistleblowers can do so without the expectation of financial compensation, provided they act in good faith.

 To encourage reporting, the framework guarantees anonymity and confidentiality for whistleblowers. Additionally, it offers protection against legal actions or professional retaliation, thereby fostering a safer environment for individuals to come forward with critical information regarding antitrust issues.

