4.

The draft measure referred to in paragraph 3 of this Article shall not be adopted for a further two months, where that measure aims to: define a relevant market which is different from those defined in the recommendation referred to in Article 64(1); or designate an undertaking as having, either individually or jointly with others, significant market power, under Article 67(3) or (4); and it would affect trade between Member States, and the Commission has indicated to the national regulatory authority that it considers that the draft measure would create a barrier to the internal market or if it has serious doubts as to its compatibility with Union law and in particular the objectives referred to in Article 3. That two-month period shall not be extended. The Commission shall inform BEREC and national regulatory authorities of its reservations in such a case and simultaneously make them public.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-28 · Text as adopted (Official Journal); later amendments are not incorporated in this text.