EU Competition Law and Regulation in the Converging Telecommunications, Media and IT Sectors

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Kluwer Law International B.V., 2006 M01 1 - 698 pages
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This book presents the most thoroughgoing model yet offered to ensure the emergence of a genuinely competitive electronic communications industry in Europe. In the course of its in-depth analysis the discussion focuses on such factors as the following: EU telecommunications policy as revealed in liberalization and harmonization legislative measures; the EU electronic communications framework; case law covering issues of refusal to supply and the essential facilities doctrine; application of Article 82 EC to bottlenecks; specific types of an undertakings unilateral behaviour that may often occupy NRAs and competition authorities in the context of their ex post competition law investigations under Article 82 EC; strategic alliances and mergers in the move toward multimedia; access to premium content and the emergence of new media; the scope of content regulation in the online environment; and broadband (regulation of local loop unbundling and bitstream access). The book also provides practical guidance on issues concerning the complicated market definition and analysis mechanism promulgated by the European Commission's Recommendation and Guidelines.
 

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really good book, clear language, what i was looking for in the area of telecommunications

Contents

Introduction
1
Structure of this book
14
The Transition from a Regime of a Staterun
21
Legislative Measures
37
Concluding Remarks
56
Article 82 and Refusal to Deal The Case Law of the ECJ
62
The Essential Facilities Doctrine in EU Law
74
Discussion of Cases 138
83
Quality of Service of Designated Undertakings
308
End User Rights
315
Number Portability
326
Data Protection Security and Confidentiality
333
Proposed Directive on the Retention of Communications
355
The Impact of the EU Electronic Communications
369
Access Regime for Digital Gateways
374
Interoperability and Standardization of Digital Interactive
385

Specific Issues of Competition Law
97
Price Discrimination and Other Exclusionary Pricing Practices
104
Aftermarkets
113
Predation
123
Strategic Alliances and Mergers in the Converging
131
Comments
137
Access to Premium Content The Emergence
162
Conclusions of Sections II and III
170
ADAPTING THE TELECOMMUNICATIONS
177
Introduction 138
178
Sectorspecific Regulation and Competition Law
185
Scope and Extent of the Infrastructure Regulatory Regime
192
The Framework and Access Directives Imposition
209
Obligations of Accounting Separation and Financial Reports
232
Review of Former Obligations for Access and Interconnection
241
Specific Obligations
248
The EU Authorization Framework for Electronic
269
Universal Service Provision End User Rights
295
The Role of Public Service Broadcasters in the Emerging
395
EU Radio Spectrum Policy in the Converging
403
Concluding Remarks and Latest Developments
434
Market Definition and Analysis of the Relevant Markets
451
Market Definition and Analysis Procedures
478
Notification Procedures Before the European Commission
486
Methodology for Market Definition and Analysis
492
Market Analysis Methodology
516
SPECIFIC ISSUES EU AUDIOVISUAL
535
The Television without Frontiers Directive
541
Protection of Minors and Human Dignity in Audiovisual
560
Nature and Scope of Content Regulation for Online Services
568
Broadband
601
Interaction Between Broadband Competition Growth
607
Broadband Policy
643
Appendix 1
653
Index
671
Copyright

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