EU Competition Law and Regulation in the Converging Telecommunications, Media and IT SectorsKluwer Law International B.V., 2006 M01 1 - 698 pages 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. |
Contents
Introduction | 1 |
Markets | 2 |
Legislative Measures | 3 |
Numbering Availability of Numbers | 8 |
38 | 9 |
Structure of this book | 14 |
Strategic Alliances and Mergers in the Converging | 15 |
1 | 21 |
Specific Measures in the Electronic Communications | 337 |
The Impact of the EU Electronic Communications | 369 |
Access Regime for Digital Gateways | 374 |
Systems to Digital Radio and TV Broadcasts | 380 |
The Role of Public Service Broadcasters in the Emerging | 395 |
1 | 403 |
248 | 428 |
137 | 434 |
in Telecommunications Services | 27 |
Cable Television Networks | 30 |
131 | 54 |
Concluding Remarks | 56 |
Article 82 and Refusal to Deal The Case Law of the | 62 |
The Essential Facilities Doctrine in EU | 74 |
BTMCI | 134 |
Discussion of Cases | 138 |
BetaResearch | 144 |
30 | 150 |
New Media | 162 |
Conclusions of Sections II and III | 170 |
ADAPTING THE TELECOMMUNICATIONS | 177 |
Scope and Extent of the Infrastructure Regulatory Regime | 192 |
AccessInterconnection | 235 |
Review of Former Obligations for Access and Interconnection | 241 |
The EU Authorization Framework for Electronic | 269 |
Specific Obligations | 290 |
Universal Service Provision End User Rights | 295 |
Affordability of Tariffs | 305 |
Comments | 308 |
Review of the Scope of Universal Service | 312 |
End User Rights | 315 |
Free Calls to Emergency Services | 321 |
Outofcourt Dispute Resolution | 328 |
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 |
Rules | 559 |
Nature and Scope of Content Regulation for Online Services | 568 |
Mergers and Strategic Alliances in the Emerging | 570 |
ii Identification of Commercial Content | 586 |
Broadband | 601 |
Interaction Between Broadband Competition Growth | 607 |
Introduction | 625 |
B Regulating LLU under the ECNS Framework | 632 |
249 | 637 |
Framework | 639 |
Appendix 1 | 653 |
22 | 659 |
671 | |
674 | |
681 | |
688 | |
Common terms and phrases
1999 Communications Review Access Directive Access Notice analysis application Article 82 audiovisual behaviour bitstream broadband broadcasting Commission's competition law competition rules competitors consumers Convergence Green Paper costs Council customers decision DG Information Society dominant position dominant undertaking economic effective competition electronic communications networks ensure entrants essential facilities European Parliament Framework Directive frequencies Ibid imposed incumbent infrastructure interconnection Internet leased lines licensing local loop unbundling loop Member mobile monopoly networks and services notified NRAs obligations Oscar Bronner Paper on Radio paras particular parties pay-TV price discrimination principles programmes proposed protection Radio Spectrum Policy Recommendation on Relevant regard regulation regulatory framework relevant market restrictions satellite sector service providers specific subscribers Telecom telecommunications networks telecommunications services telephone teleshopping television Tetra Pak tion transparency TWF Directive Universal Service Directive users voice telephony wholesale