Competition Law and Regulation in European Telecommunications

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Hart Publishing, 2000 - Law - 466 pages
2 Reviews
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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Contents

THE REGULATORY MODEL OF THE 1987 GREEN PAPER
3
THE TRANSITIONAL MODEL OF THE 1992 REVIEW
19
CONCLUSION
35
THE INTEGRATION OF ARTICLES 86 AND 95 EC IN
37
THE USE OF ARTICLE 863 EC IN A LIBERALIZED
91
CONCLUSION
108
RELEVANT MARKET DEFINITION
129
SUBSTANTIVE PRINCIPLES
165
COMPETITIVE ASSESSMENT
268
PROCEDURAL AND INSTITUTIONAL FRAMEWORK
283
THE CASE FOR SECTORSPECIFIC ECONOMIC REGULATION
359
SECTORSPECIFIC REGULATION AT THE EC LEVEL
403
CONCLUSION
425
Conclusion
429
Bibliography
447
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About the author (2000)

Pierre Larouche is a Professor of Law at Tilburg University. is Reader in Law at University College London

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