The decision published Thursday follows September’s study into the transmission market that found Arqiva does not have significant market power.
“Notwithstanding Arqiva’s strong market position, we have concluded that while the merger undertakings remain in place, ex ante regulation is not appropriate for these markets. We have reached this position having taken utmost account of the European Commission’s comments in response to our notification,” the regulator said in a statement.
In a subtle shift Ofcom said it was taking into account comments by the European Commission on its March consultation. This takes the undertakings made at the merger of National Transcommunications Ltd and Crown Castle into account in its assessment that the markets are not susceptible to ex ante regulation, rather than at the subsequent stage of whether Arqiva holds a position of significant market power.
Ofcom reiterated that it had listened to “perceived concerns” on Arqiva’s market position, but believes the merger undertakings are sufficiently flexible to take future market developments into account.