Commission opens in-depth investigation into the proposed changes to Romania's fixed-location wholesale local access market regulations

On 4 February 2026, the European Commission opened an in-depth investigation into the Romanian national regulatory authority's (ANCOM) draft market analysis concerning the proposed reintroduction of regulation on the market for wholesale local access provided at a fixed location in Romania.

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Romania is a leader in fixed internet connectivity in the EU, with fast networks covering most households and low retail prices. There has been no regulation in this market since 2015.

In the draft measure notified to the European Commission on 5 January 2025, ANCOM proposes to reintroduce ex ante regulation to ensure consumer choice and prevent price hikes. The Romanian regulator identifies DIGI Romania S.A. as having significant market power and proposes to impose regulatory remedies including access obligation, price control and transparency.

However, the European Commission has serious doubts as to the compatibility of ANCOM's draft measure with EU law and considers it necessary to initiate an in-depth investigation.

The Commission is of the view that at this stage, ANCOM has not provided sufficient evidence supporting the existence of high barriers to entry that would prevent market entry and justify the imposition of wholesale regulation and is concerned that regulating could discourage future investment across the EU. Considering the unique characteristics of the Romanian telecommunications market and the concerns raised by the Commission, further investigations and open dialogue with ANCOM and Body of European Regulators for Electronic Communications (BEREC) are required to further assess the proposed draft measure.

The Commission has two months to further investigate the draft measures and the evidence presented therein, and will take into utmost account the opinion of BEREC. At the end of the Phase II investigation period, the Commission may either lift its reservations or issue a veto under Article 32 of the European Electronic Communications Code. During this period, ANCOM will not be able to adopt its draft measures.

The Commission's serious doubts letter opening the in-depth investigation will be available online on CIRCABC. 

The invitation to third parties to submit their observations will be published in CIRCABC.

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