OPTA regulates the communications markets in the Netherlands. The purpose of this market regulation is to ensure that competitive markets develop. Consumers and customers will ultimately benefit from this. After all, to a significant extent competition is capable of ensuring that qualitatively superior services are provided for an appropriate price.
Significant market power
Analysis represents the first step of regulation. Do certain providers have significant market power? Such a party may pose an obstacle to the evolution of competition. OPTA then decides what remedies should apply in relation to such a party. This regulation occurs on the basis of market analyses which OPTA is required to conduct every three years. It is referred to as ex ante regulation, because the rules with which market parties are required to comply are drawn up beforehand. In addition, OPTA monitors market parties’ compliance with their obligations.
Competition and innovation
It is through regulation that OPTA enforces European telecommunications legislation and its implementation at the national level in the Dutch Telecommunications Act. In this respect OPTA constantly seeks to achieve a balance between the promotion of competition, on the one hand, and the importance of investment incentives, on the other. After all, regulation must encourage innovation.