Competition Problems in Liberalized Telecommunications

Competition Problems in Liberalized Telecommunications
Author: Milena Stoyanova
Publisher: Kluwer Law International B.V.
Total Pages: 362
Release: 2008-01-01
Genre: Law
ISBN: 9041127364

This innovative study of the role of competition law in the telecommunications industry starts from a classic perspective: While, in principle, regulation benefits social welfare and efficient allocation of resources, past regulatory experience shows that regulation can be flawed and lead to welfare harm rather than good. In the telecommunications industry specifically, inappropriately designed sector-specific remedies and regulatory delays in the introduction of new telecommunications services can hold up the development of the market towards effective competition and could incur considerable welfare losses. In addition, conventional antitrust analysis still lags behind the dynamic nature of the electronic communications markets. Milena Stoyanova sets out to establish a new understanding of the role of sector-specific regulation and competition law enforcement in the electronic communications sector, addressing such questions as the following: and• Why a new regulatory framework? and• Are sectoral regulation and competition law enforcement mutually exclusive or complementary? and• Why should electronic communications markets be regulated to conform to competition law principles? and• What does competition law add to sector-specific regulation? and• What is the relationship or proportion between regulation and competition law enforcement? An overview of the telecommunications liberalization process initiated at European Community level reveals such problems as a divergent approach of national regulatory authorities in the application of one and the same norms, inability of competition authorities to rightly assess the technicalities underlying a competition problem, and difficulty in carrying out a periodical oversight of compliance with the competition law remedies. The author discusses the legal basis and rationale for the application of the essential facility doctrine to the electronic communications sector, and argues for new regulatory responses to the emergence of collective dominant firms in an oligopolistic setting and to the potential of multifirm conduct to restrict competition through price squeezing and other tactics. The book concludes with a specific case study on the harmonisation of recent Bulgarian legislation with the European Community sector-specific and competition law regimes andà propos the electronic communications sector. Effective competition in the electronic communications market is crucial for securing the dynamic role of the entire information and communications technologies sector, of which electronic communications form the largest segment. The sound and well-informed recommendations in this book ably address common and persistent problems, making Competition Problems in Liberalized Telecommunications a forward-looking mainstay for practitioners and other professionals involved in all aspects of the field.

Margin Squeeze in the Electronic Communications Sector

Margin Squeeze in the Electronic Communications Sector
Author: Anna Renata Pisarkiewicz
Publisher: Kluwer Law International B.V.
Total Pages: 296
Release: 2018-06-22
Genre: Law
ISBN: 9041162720

Margin squeeze is a form of abuse of a dominant position in which a vertically integrated company reduces the margin between the price charged to competitors and the price charged to consumers, which can have the effect of excluding a competitor from the market. In the decade or so since the liberalisation of network industries, margin squeeze has become a major source of concern among competition authorities and courts, particularly pronounced in the electronic communications sector. Because some of the adopted decisions show significant inconsistencies in approach, and legal certainty remains elusive in this area, this book which provides an extremely thorough analysis is both timely and of great practical value. The author provides an in-depth examination of margin squeeze allegations in the electronic communications sector with a view to developing a more advanced and comprehensive analysis of principles which should guide ex post assessment of margin squeeze. Issues and topics covered include: – scope of intervention in margin squeeze cases both for national regulatory and national competition authorities; – conditions for sanctioning margin squeeze under Article 102; – methodological and practical difficulties in identifying a margin squeeze; – methodology employed in margin squeeze cases and its regulatory aspects; – assessment of the ability and incentives of regulated firms to engage in a margin squeeze; and – situations when competition law is used to address the deficits of regulation and regulatory failures. It also includes a critical comparison of the vertical foreclosure analysis undertaken in margin squeeze cases with the approach adopted in the EU Non-Horizontal Merger Guidelines. Throughout the analysis, margin squeeze treatment in the European Union and its Member States is examined in light of the diverging approach adopted by the US Supreme Court. The increasing complexity of the electronic communications market can only further confound an already complex assessment of price squeezes, and one can expect that claims of anticompetitive margin squeeze in liberalised network industries will continue to be high on the enforcement agenda of competition authorities for years to come. In light of the need for a coherent, or at least predictable, sentencing policy to provide relative legal certainty, the research in this book proves invaluable. The analysis and conclusions discussed in this book will be welcomed by policymakers, regulators, and lawyers working in the areas of competition law and electronic communications law.

Telecommunications Law and Regulation

Telecommunications Law and Regulation
Author: Ian Walden
Publisher: OUP Oxford
Total Pages: 977
Release: 2012-09-13
Genre: Law
ISBN: 0191664510

Since the last edition of the book was published, there have been a number of important developments in the telecommunications industry. Telecommunications Law and Regulation takes these changes into account, including an examination of the EU New Regulatory Framework, as well as the establishment of the Body of European Regulators for Electronic Communications (BEREC). There are also new chapters on spectrum management (radio frequencies), and consumer protection rules. The access and interconnection chapter addresses the issues surrounding the high capacity broadband widely provided by Next Generation Networks.The chapter on licensing and authorisation has been refocused to reflect the increasing regulatory focus on the mobile sector. The chapter on regulating content has also been significantly restructured and revised to reflect the changes in how we consume content. Written by leading experts, it is essential reading for legal practitioners and academics involved in the telecommunications industry.

Competition Law as Regulation

Competition Law as Regulation
Author: Josef Drexl
Publisher: Edward Elgar Publishing
Total Pages: 456
Release: 2015-10-30
Genre: Law
ISBN: 1783472596

To what extent should competition agencies act as market regulators? Competition Law as Regulation provides numerous insights from competition scholars on new trends at the interface of competition law and sector-specific regulation. By relying on the experiences of a considerable number of different jurisdictions, and applying a comparative approach to the topic, this book constitutes an important addition to international research on the interface of competition and regulation. It addresses the fundamental issues of the subject, and contributes to legal theory and practice. Topics discussed include foundations of the complex relationship of competition law and regulation, new forms of advocacy powers of competition agencies, competition law enforcement in regulated industries in general, information and telecommunications markets, and competition law as regulation in IP-related markets. Scholars in the two fields of law and economics will find the research aspects of the book to be of interest. Officials in competition and regulatory agencies will benefit from the practical relevance of the book.

EC Competition and Telecommunications Law

EC Competition and Telecommunications Law
Author: Andreas Bartosch
Publisher: Kluwer Law International B.V.
Total Pages: 778
Release: 2009-01-01
Genre: Law
ISBN: 9041125647

This new volume updates the groundbreaking analysis of its first edition in 2002, when the EC common regulatory framework for electronic communications networks and services had just entered into force. So much has changed in the intervening years that that this new edition bears little resemblance to its predecessor, with every chapter either extensively altered or entirely new. It remains, however, the most detailed and comprehensive overview available of the application of the EC Treaty's competition rules in the markets for telecommunications and audiovisual media, and of the applicable regulatory framework. In thirteen chapters, each contributed by one or more noted legal authorities in the field, the second edition of EC Competition and Telecommunications Law covers the full range of EC telecommunications law across all major areas of both institutional and substantive law, both on the international and EC levels, including the following: State aid; the merger control regulation; justification for sector-specific regulation in EC competition law; network access; authorizations and privileges; and mobile telephony. Relevant EC media and communications law and relevant aspects of EC competition law are dealt with in detail. While some chapters focus on competition law, others deal primarily with sector-specific regulation. There is practical guidance throughout on procedural matters, alongside analysis of the substantive provisions. Well-known in its first edition, this thoroughly revised and updated version continue to be vital reading for practitioners, in particular those specializing in European competition law and for company and in-house lawyers who are seeking advice on how European law affects their business. As a detailed analysis of the basic legislative and regulatory framework of European telecommunications law, it will be an invaluable reference work for lawyers, judges, regulators, and policymakers in all the EC Member States, as well as for students and teachers of European law.

Controlling Market Power in Telecommunications

Controlling Market Power in Telecommunications
Author: Damien Geradin
Publisher: Oxford University Press, USA
Total Pages: 424
Release: 2003
Genre: Business & Economics
ISBN: 9780199242436

Controlling market power is a crucial issue in liberalised telecommunications markets. By comparatively analysing five countries, this book explores how the regulatory framework should be designed.

The Liberalisation of the Telecommunications Sector in Sub-Saharan Africa and Fostering Competition in Telecommunications Services Markets

The Liberalisation of the Telecommunications Sector in Sub-Saharan Africa and Fostering Competition in Telecommunications Services Markets
Author: Rachel Alemu
Publisher: Springer
Total Pages: 405
Release: 2018-02-02
Genre: Law
ISBN: 366255318X

This study investigates whether the existing regulatory framework governing the telecommunications sector in countries in Sub-Saharan Africa effectively deals with emerging competition-related concerns in the liberalised sector. Using Uganda as a case study, it analyses the relevant provisions of the law governing competition in the telecommunications sector, and presents three key findings: Firstly, while there is comprehensive legislation on interconnection and spectrum management, inefficient enforcement of the legislation has perpetuated concerns surrounding spectrum scarcity and interconnection. Secondly, the legislative framework governing anti-competitive behaviour, though in line with the established principles of competition law, is not sufficient. Specifically, the framework is not equipped to govern the conduct of multinational telecommunications groups that have a strong presence in the telecommunications sector. Major factors hampering efficient competition regulation include Uganda’s sole reliance on sector-specific competition rules, restricted available remedies, and a regulator with limited experience of enforcing competition legislation. The weaknesses in the framework strongly suggest the need to adopt an economy-wide competition law. Lastly, wireless technology is the main means through which the population in Uganda accesses telecommunications services. Greater emphasis should be placed on regulating conduct in the wireless communications markets.

Liberalization and Regulation of the Telecommunications Sector in Transition Countries

Liberalization and Regulation of the Telecommunications Sector in Transition Countries
Author: Ekaterina Markova
Publisher: Springer Science & Business Media
Total Pages: 224
Release: 2008-11-14
Genre: Business & Economics
ISBN: 3790821047

Telecommunications are increasingly recognized as a key component in the infrastructure of economic development. For many years, there were state-owned monopolies in the telecommunications sector. In transition economies, they were characterized by especially poor performance and high access deficits, as telecommunications were considered to be a non-profit-oriented production process intended to support the socio-economic superstructures. As a result, the starting point for the reform processes in transition countries was quite poor performed public monopolies, functioned under completely different circumstances as the peers in the market economies. The main question of this book is what the strategies for the successful future development of the telecommunications sector in transition countries are. The special focus is on Russia, the largest of the transition countries.

Regulating Vertical Agreements

Regulating Vertical Agreements
Author: Maria Fernanda Caporale Madi
Publisher: Kluwer Law International B.V.
Total Pages: 224
Release: 2020-10-09
Genre: Law
ISBN: 9403526513

Vertical agreements represent a variety of supply and distribution contracts involving different market players, such as suppliers of diverse inputs, manufacturers, distributors and retailers. They gain particular significance in a global economy where technological advances are dynamic and are changing all the time. Such agreements are signed among businesspeople on a daily basis, and antitrust experts around the world are often asked to advise on whether they have any negative impact on competition or whether they infringe antitrust law. Taking into consideration the complex economic impacts of these vertical alliances, and the different market conditions that firms face in a wide variety of situations, the author proposes an in-depth examination of the following topics: resale price-fixing; geo-blocking clauses; exclusive and selective distribution systems; the concept of ‘economic efficiency’ in the context of vertical restraints; self-assessment of potential anticompetitive effects and antitrust risks; ex post control of vertical restraints; digital economies and its policy impact; alternative enforcement models under various institutional frameworks; the role and influence of political pressure groups. The book offers very constructive theoretical and political insights at the frontier between the disciplines of Economics and Law. By comparing two world’s leading antitrust jurisdictions, this book explores the lessons to be learned from the legal rules in the European Union and in Brazil, considering their promises and drawbacks, and formulates policy recommendations.