Commission vetoes proposed strengthening of regulation of the wholesale broadband market in Malta following in-depth investigation | EC Press

The Commission has adopted a decision that compels the Maltese telecommunications regulator, the Malta Communications Authority (MCA), to retract its proposed draft measure aimed at strengthening the regulation of the wholesale physical and virtual infrastructure access market in Malta.

The MCA’s draft measure, which was initially notified on 28 December 2023, sought to impose further wholesale regulation in the telecoms sector in Malta. However, after an investigation, the Commission found that MCA has not fully take into account the role of alternative physical infrastructures and the competitive constraints they impose: this is important to ensure regulatory conditions are designed in a way that encourages efficient infrastructure investments and does not hinder the reward of such investments, by any operator. Therefore, the Commission has determined that the draft measure is not compatible with EU law and has issued a veto.

The Malta Communications Authority must revisit its findings in light of the Commission’s objections and re-notify the market review. In the meantime, the current regulation will remain in place. The Maltese regulator can also appeal the decision to the General Court.