European Commission: successor to OPTA should be more independent of government

The European Union fears that the Authority Consumer and Market, among other things, the former OPTA is part of, not independent enough. The government has received, decisions will be imposed that the OPTA itself must be able to assess, according to the EU.

In a statement, writes the European Commission that the Authority Consumer and Market, which on april 1, is the result of a merger of the NMa and the OPTA, ‘completely independent’. In the Netherlands this is not so, the Commission is concerned, because the ACM itself may not determine whether the analog cable connections should be opened.

The OPTA ruled in 2011 that the analog cable connections did not have to be opened up. Then it was on the initiative of the Labour party, however, laid down by law that the market did open had, so cable companies like UPC and Ziggo competitors access had to give up the analog network. This should ‘excessive profits’ of the kabelaars be prevented, because the competition would be promoted.

With the political decision-making was the ‘discretionary power’ of the ACM contained, according to the European Commission. The Dutch government will have two months time to the situation to defend; the Commission is not satisfied, then the Netherlands for the european Court of Justice. The ministry of Economic Affairs was not accessible for comment. The Authority Consumer and Market wants not substantively respond: “This is something between the commission and the cabinet,” said a spokeswoman.