Communications in EU Law : Antitrust Market Power and Public InterestKluwer Law International B.V., 2003 M01 1 - 436 pages Approaching the theme from an antitrust perspective and focusing on telecommunications and television broadcasting, this volume examines how traditional European competition law doctrines and principles can be applied to this converging sector. The application of antitrust rules to the communications sector is often one of the most controversial areas of law and policy. The shift towards a more competition law oriented form of regulation is one of the main principles inspiring the recent reform of European sectorial regulation enshrined in the 2002 Electronic Communication Package. The Package was adopted in 2002 and is in the process of being implemented throughout the Union. This monograph provides a detailed description of the new regulatory package and highlights the interplay between regulatory provisions and EC competition law. It then follows the pattern of a typical antitrust analysis containing chapters on the definition of relevant market in the sector and various forms of abuses of market power. The book also critically examines the Commission's practice and policy in the field of merger control and considers its relationship with wider regulatory policies. Finally it analyses the sector from the perspective of the 'European' public interest and the changed nature of communications as a public service. |
Contents
INTRODUCTION | 1 |
Historical and comparative perspectives | 2 |
The essential facility doctrine in U S and EC case | 4 |
POLICY FACTORS INFLUENCING COMMUNICATIONS | 7 |
Overview of the economic and technological factors affecting the sector | 21 |
Conclusion | 28 |
The legal basis | 42 |
Common Regulatory Framework | 54 |
Conclusion | 134 |
Market definition between economic analysis and industrial | 160 |
Convergence and complex dominance | 171 |
Introduction | 215 |
Conclusions | 219 |
Cooperation under Article 81 | 319 |
a critical appraisal | 330 |
Conclusion | 339 |
91 | 60 |
Access and Interconnection | 70 |
provisions | 93 |
RELEVANT MARKETS IN COMMUNICATIONS | 103 |
Relevant product markets in communications | 110 |
The substantive analysis under Article 86 | 362 |
competition and universality | 381 |
CONCLUSION | 401 |
428 | |
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Communications in EU Law : Antitrust Market Power and Public Interest Antonio Bavasso Limited preview - 2003 |
Common terms and phrases
abuse Access Directive Access Notice analysis antitrust law application approach Article 82 assessment basis behaviour broadcasting call termination carrier collective dominance Commission Decision Commission’s communications sector companies competitors concerned conditional access consumers context convergence costs Court customers digital television dominant position economic effects electronic communications networks end users ensure European European Parliament Framework Directive Hoffman-La Roche impose incumbent infrastructure interactive Internet joint venture leased lines liberalization process licences local loop loop market definition Member merger control monopoly NRAs obligations operators Oscar Bronner paras particular parties pay-TV potential predatory pricing principles radio referred regulation Regulation 17 relation relevant market retail satellite service providers significant market power sion specific suppliers supply supra note switching telecommunications networks telecommunications services Tetra Pak tion transmission unbundled access universal service Vizzavi voice telephony Whilst