Competition Law and Regulation in European Telecommunications
Using numerous practical examples, this book examines the evolution of EC telecommunications law following the achievement of liberalization, the main policy goal of the 1990's. After reviewing the development of regulation in the run-up to liberalization, the author identifies the methods used to direct the liberalization process and tests their validity in the post-liberalization context. A critical analysis is made of the claim that competition law will offer sufficient means to regulate the sector in the future. Particular emphasis is given to the way in which EC Competition Law changed in the 1990's using the essential facilities doctrine, an expansive non-discrimination principle and the policing of cross-subsidization to tackle what were then thought of as regulatory matters. Also examined within the work is the procedural and institutional interplay between competition law and telecommunications regulation. In conclusion, Larouche explores the limits of competition law and puts forward a long-term case for sector-specific regulation, with a precise mandate to ensure that the telecommunications sector as a whole fulfills its role as a foundation for economic and social activity.
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THE REGULATORY MODEL OF THE 1987 GREEN PAPER
THE TRANSITIONAL MODEL OF THE 1992 REVIEW
THE INTEGRATION OF ARTICLES 86 AND 95 EC IN
THE USE OF ARTICLE 863 EC IN A LIBERALIZED
RELEVANT MARKET DEFINITION
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1987 Green Paper 1998 Access Notice 82 EC ex Accordingly application Article 82 Article 95 EC assessment Atlas cable TV Chapter Three Commission common costs competitors concerning Council cross-subsidization Directive dominant firm dominant position EC competition law EC law EC Treaty economic End-Users ensure essential facilities exclusive rights exemption Ibid implementation imposed incumbent infra instance interconnection Intervention issues Judgment leased lines liberalization licensing Member monopoly national courts NCAs network effects non-discrimination NRAs obligations offer ONP framework operators predatory pricing pricing principles procedure PSTN public network public voice telephony pursuant to Article refusal to deal regulatory framework relevant market sector-specific regulation service providers special or exclusive specific subscriber supra telecom telecommunica telecommunications networks telecommunications policy telecommunications sector telecommunications services terminal equipment Tetra Pak third parties tion transactional access unbundling undertakings Unisource universal service
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