The new European regulatory body BEREC (Body of European Regulators for Electronic Communications) released a December “report on impact of bundled offers in retail and wholesale market definition.” This concept is explored in various communications contexts, including the linkage of TV and Internet service offerings. From the introduction:

“This report sets out guidance on how [a national regulatory authority – NRA] might define and analyse markets in instances where bundled products are prevalent at a wholesale and/or retail level. In particular, the paper identifies conditions that might suggest to NRAs the presence of “bundle markets”. In a regulatory context, the defining of bundle markets may be useful where the monitoring of compliance with remedies applied from the current list of “stand-alone” recommended markets is proving difficult and ineffective; and where anti-competitive effects are evident in a retail market(s) through possible leverage market power (vertical or horizontal), to the detriment of end users.”

The report contains an extended discussion of how bundling is treated in competition as well as regulatory law. It notes, for example, “The BEREC report discovered that NRAs consider competition distortions to be most likely to arise in cases where competitors do not have access to TV content and are therefore unable to include it in bundled offers.” (paragraph 47)