On 14 December 2023, Arcep had decided to extend its then current market analysis decision on access to generalist active solutions (former “market 3B”) by one year, to factor in the ongoing changes in that market over the previous 12 months.
At the end of that extension, and following its analysis, Arcep is adopting a decision to deregulate market 3b, combined with a transitional period during which existing remedies will remain in place up to 31 March 2026.
To provide the sector with predictability, the Decision requires Orange to comply with all of the obligations set forth in the previous market analysis decision, up to 31 March 2026[1]. During a transitional period, the obligations to grant all reasonable requests for access, and to be non-discriminatory and transparent will be maintained in the whole of Metropolitan France, with the exception of very-high density areas. The obligation to charge cost-based prices will also be maintained in those areas where it was already in force.
This Decision marks the completion of a work cycle carried out across the whole of 2024. The adopted Decision takes full account of the sector’s responses to the public consultation, and of the Competition Authority’s opinion. The Decision was notified to the European Commission, which did not make any comments. Arcep extends its thanks to all of the parties who contributed to the different stages involved in drafting the Decision.
Arcep will work to ensure that the adopted Decision is properly implemented, and will assist all of the concerned stakeholders to this end, particularly during the transitional period. The Authority will be especially mindful to ensure that this period runs smoothly.
To find out more
Arcep’s market analyses, a process of in-depth consultation with the sector:
• Public consultation on the draft decision on deregulating market “3b”;
• Competition Authority’s opinion;
• European Commission’s comments
Associated documents