Author: Peggy Valcke
Publisher: Edward Elgar Publishing
ISBN: 9781781959121
Category : Law
Languages : en
Pages : 208
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Book Description
This fascinating book examines and offers critical comments on the new 'significant market power'-regime, as put into place by the 2003 European regulatory framework on electronic communications networks and services. An overview of this regime. Its characteristics, guiding principles, and procedures is provided, using the mobile sector as a case study. The authors give a clear and comprehensive presentation of the new SMP-procedure that may lead to the imposition of remedies on undertakings with significant market power. The book also contains an analysis of all available European Commission comments on the notifications of draft measures by national regulatory authorities, for mobile as well as other markets. Addressing pressing issues, in view of the implementation of the new regulatory framework, this book is a useful working instrument for everyone who is active in the electronic communications sector including practicing lawyers, firms in the electronic communications sector, regulatory authorities, academics and policymakers throughout Europe.
Author: Pablo Ibáñez Colomo
Publisher: Kluwer Law International B.V.
ISBN: 9041142932
Category : Law
Languages : en
Pages : 551
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Book Description
This book presents a thorough critical examination of the European regulatory reaction to technological convergence, tracing the explicit and implicit mechanisms through which emerging concerns are incorporated into regulation and competition law, and then goes on to identify the patterns that underlie these responses so as to establish the extent to which the issues at stake, and the implications of intervention, are fully understood and considered by authorities. Focusing on ‘conflict points’ – areas of tension inevitably arising among overlapping regimes – the analysis covers such elements as the following: the provision of ‘multiple-play’ services; the advent of ‘convergent devices’; the interchangeability of transmission networks; subscription-based (‘pay television’) services; the diversification of television services (such as on-demand and niche-theme channels); the relative scarcity of (premium) content; the ‘migration’ of television content with cultural and social relevance to pay television; and the emergence of ‘bottleneck’ segments in the communications value chain. Endorsing the adjustment of existing rules to meet pluralist objectives, the author outlines a single, coherent regulatory approach. He shows how a careful analysis of the implications of technological convergence helps to solve conflicts between regimes. Specifically, the analysis addresses the level – national or EU – at which particular regulatory responses should emerge, the objectives guiding action, and the tools through which these objectives may be pursued. These conclusions command the attention of policymakers, regulators, and lawyers active in the ongoing development of communications law.
Author: Elena Poddighe
Publisher: Roma TrE-Press
ISBN:
Category : Law
Languages : en
Pages : 438
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Book Description
This primer presents the legal framework of the extremely complex regulation of legacy and digital media in Europe by the European Union and the Council of Europe. The volume is divided in five chapters which take into account the European Convention of Human Rights and the Charter of Fundamental Rights of the EU; the regulation of broadcasting; digital communication platforms; data protection in the context of information and communication; and a plurality of other hot topics such as copyright protection, women’s dignity, hate speech and fake news. All the chapters are linked to over 70 decisions of the Strasbourg and Luxembourg courts which are collected in a 300-page Appendix.
Author: Liyang Hou
Publisher: Kluwer Law International B.V.
ISBN: 9041142215
Category : Law
Languages : en
Pages : 398
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Book Description
This book brings satisfying definition and clarity to this field at last. Exploring the substantive differences between competition law and sector-specific regulation after the methodological integration, it presents the first detailed analysis of the many hundreds of notifications and Commission letters generated under the Article 7 procedure, identifying the most relevant cases dealing with market definition, market power, and remedies. It compares these decisions with relevant competition law cases and highlights elements with a bearing on sector-specific regulation. It also offers hugely valuable guidance through the vast amount of documents in the Commission’s CIRCA database. Topics and issues raised include the following: definition of product markets; delineation of geographic markets (including sub-national); different practices in relation to assessing single market power and collective market power; and competition problems such as refusal to deal, margin squeeze, non-price discrimination, and excessive pricing. There can be little doubt that this is the new reference point for researchers and practitioners in this domain. By systematically categorizing the concepts and legal criteria and building a solid theoretical framework on the intersection of competition law and sector-specific regulation, the author has created a resource that is sure to be welcomed by all those involved in regulation of electronic communications markets and network industries in general: academic scholars, telecommunications regulators at the EU and Member State levels, competition authorities, law firms specializing in IT/communications law, practitioners in IT and telecommunications companies, and consultants in the sector. The book will also prove very useful for scholars and practitioners in other parts of the world interested in comparing the EU system with their own.
Author: Andrej Fatur
Publisher: Bloomsbury Publishing
ISBN: 1847319130
Category : Law
Languages : en
Pages : 297
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Book Description
Competition policies have long been based on a scholarly tradition focused on static models and static analysis of industrial organisation. However, recent developments in industrial organisation literature have led to significant advances, moving beyond traditional static models and a preoccupation with price competition, to consider the organisation of industries in a dynamic context. This is especially important in the field of information and communication technology (ICT) network industries where competition centres on network effects, innovation and intellectual property rights, and where the key driver of consumer benefit is technological progress. Consequently, when an antitrust intervention is contemplated, a number of considerations that arise out of the specific nature of the ICT sector have to be taken into account to ensure improved consumer welfare. This book considers the adequacy of existing EU competition policy in the area of the ICT industries in the light of the findings of modern economic theory. Particular attention is given to the implications of these dynamic markets for the competitive assessment and treatment of the most common competitive harms in this area, such as non-price predatory practices, tying and bundling, co-operative standard setting, platform joint ventures and co-operative R&D.
Author: Mike Feintuck
Publisher: Edinburgh University Press
ISBN: 0748627154
Category : Law
Languages : en
Pages : 320
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Book Description
Regulation of the media has traditionally been premised upon claims of 'the public interest', yet the term itself remains contested and generally ill defined. In the context of technological development and convergence, as well as corporate conglomeration, traditional 'public service' values in British broadcasting are challenged by market values. With such ongoing trends continuing apace, regulators must increasingly justify their interventions.The communication industries' commercialisation and privatisation pose a fundamental threat to democratic values. Media Regulation, Public Interest and the Law argues that regulators will only successfully protect such values if claims associated with 'citizenship' are recognised as the rationale and objective for the regulatory endeavour. While such themes are central to the book, this second edition has been substantially revised and updated, to take account of matters such as European Directives, the UK's Communications Act 2003, the process of reviewing the BBC's Charter, and relevant aspects of the reform of general competition law.Key Features*Identifies and examines the rationales underlying media regulation and the current challenges to them.*Considers fully the actual and potential utility of legal mechanisms and principles in the design and activities of regulatory institutions.*Fully updated to take account of the European Union's 2002 New Regulatory Framework and the UK's Communications Act 2003.*Accessible to a wide readership in media studies, journalism, broadcasting and law.Praise for the First Edition"e;A detailed and critical assessment of the problems and confusions of recent media regulation in the UK including digital television franchising and the Broadcasting Complaints Commission... it is well organised, and should be a useful resource for more advanced students and academics...for updating the public regulation case with vigour and clarity this book is to be welcomed."e;THES
Author: Angela Daly
Publisher: Bloomsbury Publishing
ISBN: 1509900640
Category : Law
Languages : en
Pages : 179
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Book Description
This monograph examines how European Union law and regulation address concentrations of private economic power which impede free information flows on the Internet to the detriment of Internet users' autonomy. In particular, competition law, sector specific regulation (if it exists), data protection and human rights law are considered and assessed to the extent they can tackle such concentrations of power for the benefit of users. Using a series of illustrative case studies, of Internet provision, search, mobile devices and app stores, and the cloud, the work demonstrates the gaps that currently exist in EU law and regulation. It is argued that these gaps exist due, in part, to current overarching trends guiding the regulation of economic power, namely neoliberalism, by which only the situation of market failure can invite ex ante rules, buoyed by the lobbying of regulators and legislators by those in possession of such economic power to achieve outcomes which favour their businesses. Given this systemic, and extra-legal, nature of the reasons as to why the gaps exist, solutions from outside the system are proposed at the end of each case study. This study will appeal to EU competition lawyers and media lawyers.
Author: Axel M. Arnbak
Publisher: Kluwer Law International B.V.
ISBN: 9041167382
Category : Law
Languages : en
Pages : 299
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Book Description
It has become glaringly clear that any communicative act online is subject to breach by intelligence agencies, cybercriminals, advertising networks, employers, and corporate data miners, to mention the most obvious intruders. Internet users, seeing no other choice than to hop onto the web-based bandwagon, have come to depend on a networked communications environment that is fundamentally insecure. Now lawmakers worldwide are gearing up to intervene. Arguing for a stricter stance on protecting private communications security, this groundbreaking study offers a conceptual and legislative toolkit leading to a step-by-step regulatory model in EU law. The proposed model is tested in two detailed case studies on HTTPS and cloud communications. From the interlocking perspectives of fundamental rights, systems design, and political organization, the regulatory model proposed is tested on HTTPS, which covers the user-provider relationship in web browsing, and on "cloud" communications that affect interdomain and intradomain communications. The case studies are based on the infamous DigiNotar breach and the MUSCULAR programme disclosed by whistle-blower Edward Snowden and contain original legal, security economics, and computer science research, conducted jointly with scholars trained in these disciplines. Responding to a general positive human right to communications security that is emerging from European fundamental rights law, this book not only provides one of the first interdisciplinary studies to appear in the academic literature on EU communications security law, but also offers broad recommendations to the EU lawmaker and gives directions for future research. It is sure to become a first point of discussion, reference, and legislative action for policymakers and practitioners in Europe and beyond.
Author: Richard Whish
Publisher: Oxford University Press
ISBN: 0198836325
Category : Law
Languages : en
Pages : 1185
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Book Description
This online course will give you insights into important compliance topics.
Author: Luca Prete
Publisher: Kluwer Law International B.V.
ISBN: 9041169105
Category : Law
Languages : en
Pages : 394
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Book Description
Infringement proceedings constitute a signi¬ficant proportion of proceedings before the Court of Justice of the European Union and play a key role in the development of EU law. Their immediate purpose is to obtain a declaration that a Member State has, by its conduct, failed to ful¬l an obligation under the EU Treaties. The aim is to bring that conduct and its effects to an end and, ultimately, to eliminate infringements across the Union. This book – the ¬first comprehensive and detailed full-length work in English on infringement proceedings under Articles 258-260 TFEU – provides not only an in-depth discussion on the role and function of infringement proceedings within the EU legal order, but also a critical assessment of the procedures as they currently stand, complete with proposals for future changes. Recognizing that Member States’ compliance with EU law is an integral part of the task of ensuring the rule of law throughout the Union, the author thoroughly explains the functioning of infringement proceedings, their requirements and related policies, including issues such as: – the Commission’s discretion to bring a case before the Court; – the author of the infringement, including national courts or private entities; – Member States’ procedural and substantive defences; – the different procedures under Articles 258, 259 and 260(2) and (3) TFEU; – rights of private parties; – interim measures; – ¬financial sanctions; – Member States’ liability; and – the roles played by the European Parliament and the Ombudsman. Particular attention is devoted to rules that have not yet been fully interpreted, or where the current interpretation or application of the rules seems problematic. The book tackles, in particular, whether infringement proceedings, as they stand, constitute an appropriate means of ensuring observance by Member States’ authorities of the EU acquis, and, if not, what reforms should be implemented in order to achieve this in the future. Such a detailed and in-depth examination of this fundamental procedure of EU law will be of great and long-lasting interest to EU and Member State administrators, legal practitioners and academics. Luca Prete is currently a référendaire (Legal Secretary) for Advocate General Wahl at the Court of Justice of the European Union, on secondment from the Legal Service of the European Commission. He is also a member of the Centre for European Law of the Free University of Brussels (VUB). He has published several articles in the fi¬eld of EU law and is a regular speaker at EU law seminars and conferences.
