EU Competition Law and Regulation in the Converging Telecommunications, Media and IT Sectors PDF Download
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Author: Nikos Th Nikolinakos
Publisher: Kluwer Law International B.V.
ISBN: 9041124691
Category : Law
Languages : en
Pages : 722
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Book Description
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.
Author: Nikos Th Nikolinakos
Publisher: Kluwer Law International B.V.
ISBN: 9041124691
Category : Law
Languages : en
Pages : 722
Get Book Here
Book Description
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.
Author: Pierre Larouche
Publisher: Hart Publishing
ISBN: 184113144X
Category : Law
Languages : en
Pages : 505
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Book Description
Using numerous practical examples,this book examines the evolution of EC telecommunications law following the achievement of liberalisation, the main policy goal of the 1990s. After reviewing the development of regulation in the run-up to liberalisation, the author identifies the methods used to direct the liberalisation process and tests their validity in the post-liberalisation 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 1990s using the essential facilities doctrine, an expansive non-discrimination principle and the policing of cross-subsidisation 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 fulfils its role as a foundation for economic and social activity.
Author: Andrej Fatur
Publisher: Bloomsbury Publishing
ISBN: 1847319122
Category : Law
Languages : en
Pages : 312
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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: Shukor, Siti Fazilah Abdul
Publisher: IGI Global
ISBN:
Category : Law
Languages : en
Pages : 300
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Book Description
The necessity for the fundamental practice of regulating fair competition in a globalized world cannot be overstated. This promotes innovation, productivity, and serves as a safeguard against monopolies that could stifle progress. Regulating Fair Competition Toward Sustainable Development Goals is an insightful and comprehensive exploration of the vital link between competition law and policy and the United Nations' Sustainable Development Goals (SDGs). At its core, this book delves into the crucial role of fair competition in fostering innovation and driving economic growth. By encouraging corporations to continuously seek novel ideas and invest in research and development, fair competition paves the way for improved productivity and cost-effective production. Moreover, this legal framework stands as a bulwark against monopolies, which can suppress innovation, limit consumer choice, and escalate prices. The editors deftly elucidate the importance of competition law and policy in creating an open and fair marketplace that benefits consumers, businesses, and the environment. Bringing together a distinguished collection of academics and industry experts, this book delves into a broad spectrum of topics, including economy, environment, energy, technology, employment, business, and management. By examining various perspectives, the book offers a nuanced understanding of the implementations and limitations of competition law and policy in the context of sustainable development. This timely and significant volume caters to a diverse audience comprising academics, students, policy makers, and government and private research institutions. Furthermore, industry leaders and corporations will find valuable insights on how fair competition can foster sustainable development, making this book a must-read for those seeking to navigate the intersection of competition law and the SDGs.
Author: Amrit Subhadarsi
Publisher: Lulu.com
ISBN: 0359277411
Category : Education
Languages : en
Pages : 233
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Book Description
The intersection between Competition law and intellectual property has always been a subject matter of controversy because of the very nature of the two subject areas. On the one hand, competition law seeks to protect the interest of traders and consumers by way of abuse of monopoly power on the part of an enterprise or an individual, and on the other hand, the grant of an intellectual property right to a person, automatically excludes other persons from making use of the property on which the right has been vested.
Author: Eugene Stuart
Publisher: Kluwer Law International B.V.
ISBN: 9041189246
Category : Law
Languages : en
Pages : 380
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Book Description
If an EU industrial policy can be said to exist, its contours may be found in the complex and evolving concept of State aid. Because approaching any State aid issue can be fraught with multiple and sometimes conflicting interpretations, an in-depth analysis of the rationales, initiatives, and regulations that constitute the State aid system is much needed. In response to this need, this book provides a fine-grained clarifying context through which recent reforms, policy shifts, and judicial decisions concerning State aid can be understood and applied to specific situations. Focusing on the impacts of landmark cases and policy developments leading up to a deeply informed critique of the current State Aid Modernisation Programme, the authors cover such issues and topics as the following: – linkages to other established and evolving EU common policies and common strategies; – effect of EU State aid rules in the expanding geopolitical regions of EU influence; – interaction with the WTO Subsidies and Countervailing Measures Agreement; – the problem of a ‘subsidies culture’; – how the European Commission’s notion of ‘bad’ State aid has evolved; – effect of EU policy imperatives (e.g., environmental goals) which implicitly argue for increased subsidisation; – nexus with EU tax harmonisation; – competition among undertakings versus competition among Member State policies; and – nature of the quasi-devolution of regulatory responsibilities to EU Member States. This book is a crucially important source of both theoretical enlightenment and practical wisdom that will greatly enhance confident progress through any legal matter involving EU State aid rules. It will prove of immeasurable value to practitioners, in-house counsel, policymakers, and academics for many years to come.
Author: Ingrid Margrethe Halvorsen Barlund
Publisher: Kluwer Law International B.V.
ISBN: 9403517255
Category : Law
Languages : en
Pages : 432
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Book Description
Leniency has emerged as one of the main enforcement instruments used by competition authorities to combat cartels. Offering immunity from punishment is believed to destabilise already existing cartels and deter undertakings from entering into such arrangements. This book offers the first in-depth analysis of the scope of leniency in European Union (EU) competition law, considering three crucial ramifications – ensuring a leniency applicant can self-report with confidence, retaining the right to compensation of those who have suffered losses due to the cartel and furthering the objective of undistorted competition within the internal market. With thorough insight into the interaction between the Commission’s Leniency Notice and public and private enforcement, the author fully explains such aspects of the subject as the following: who is eligible for leniency; liability of an immunity recipient; the EU fining system; disclosure of leniency evidence; scope of public authorities reaching out to cartel infringers; the immunity recipient and follow-on damages claimants; the immunity recipient and subsequent leniency applicants; effect of the Damages Directive; and the European Economic Area dimension. The author offers cogent suggestions about how the shortcomings of the Commission’s leniency offer can be ameliorated and which regulatory steps should be taken to give the policy greater leverage. The author calls for increased harmonisation at national level in the EU and compares leniency practice in US antitrust law. As a comprehensive analysis of the practical application of current policy and procedure in EU cartel enforcement, the book clearly shows the ways in which the scope of leniency is manifest in the interaction between public and private enforcement, evaluating which interaction is most effective. Its practical character will be recognised and welcomed by competition law practitioners and policymakers, who will strengthen their grasp of leniency procedure and clearly discern implications for competition infringement cases.
Author: Jorge Marcos Ramos
Publisher: Kluwer Law International B.V.
ISBN: 9403520000
Category : Law
Languages : en
Pages : 548
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Book Description
How does it come about that a certain firm dominates a market? Can an understanding of this process lead to a more effective enforcement of competition law? That is the question approached in this compelling book. The author reviews the European Union’s (EU’s) Article 102 case law, comparing it with United States (US) provisions, demonstrating that new ways of looking at market power are needed – today’s tech giants differ from older monopolies. He clarifies the role of dominant firms in the competitive process, proposing that conduct should be scrutinized differently depending on the source of market power, rather than using the same approach for all dominant undertakings. Supporting his contention that the legal consequences that derive from holding a dominant position cannot be disassociated from the sources of that market power—that a dynamic understanding of dominance requires looking both forwards and backwards in time—the author examines such sources of dominance as the following: ‒ statutory dominance derived from explicit protectionist measures or subtler geoeconomic strategies; ‒ legacy firms such as the telecommunications or transport industries; ‒ natural monopolies, e.g., the exploitation of a mine; ‒ investment efforts undertaken in a competitive environment; ‒ intangible resources such as timing, reputation, experience, innovation capabilities, or managerial processes; ‒ lucky monopolies; and ‒ anticompetitive behavior on the road to dominance. Drawing insights from EU and US case law, industrial organization scholarship, and strategic management literature, the book resolves questions related to the role that the origins of market power have played and should play in the enforcement of EU competition rules against dominant firms. It concludes with a list of policy recommendations bringing the application of Article 102 TFEU against dominant firms more in line with the objective of protecting the competitive process. With its focus on how EU competition law enforcement should be fine-tuned to adequately incorporate the origins of firm dominance into the analysis of single-firm behavior, the book makes a major contribution to the analysis of anticompetitive effects. Practitioners, competition authorities, and academics in competition law will greatly appreciate the book’s combination of legal analysis and recommendations for policy reform.
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: René Barents
Publisher: Kluwer Law International B.V.
ISBN: 9403544511
Category : Law
Languages : en
Pages : 875
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Book Description
This new edition of an immensely useful book follows the same proven format as its predecessors, updates its analysis of case law with hundreds of new decisions by the courts of the European Union (EU), and thus remains the quickest source of reference for practitioners working with EU State aid matters. Following a highly organized sequence of subject headings, it presents extracts from all judgments and orders of both the Court of Justice and the General Court of the EU on the Treaty on the Functioning of the European Union (TFEU) rules on State aids. The book covers the relevant case law of both courts. There is a new chapter on legal protection and additional material on the concept of State aid, advantages for undertakings, selectivity, forms of State aid, procedures and unlawful aids. With this book, practitioners will quickly find relevant paragraphs and full citations regarding all issues raised by Articles 107-109 TFEU, including the following and much more: territorial scope of State aids; Article 107(1) EC and WTO Agreements; conditions for categorizing a national measure as State aid; free movement of goods; undertakings; private versus public investment; justification of selective measures; interstate trade and competition; tax measures; restructuring aids; procedural aspects; and locus standi of trade associations. In many areas, the extracts relate to points of the judgments which are not or only partially covered in official summaries. For accessibility of this case law, this updated edition of the preeminent analysis of EU State aid case law has no peers. Practitioners in this key area of EU competition law will find this book indispensable.
