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.

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.

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.

Sweet and Maxwell Statutes offer accurate and comprehensive coverage of all core and several popular optional subjects on current law courses. Compiled using data from WestlawUK, each text provides the most up-to-date statutory material. This statute book covers environmental law.

An established authority on electronic communications in the EU, this fully updated work provides insight into the regulations and a thorough analysis of the applicable competition rules and regulatory framework.

Over the last decade, the European Union has undertaken major market-opening reforms in the area of network industries. The liberalization process has now been completed in the air transport and electronic communications sectors and has achieved considerable progress in other network industries, such as postal services, energy (electricity and gas), and rail transport. Creating competition in network industries is not an easy matter, however. Because they benefit from certain advantages such as a large initial market share and control of essential facilities, incumbents typically retain substantial market power in a number of relevant markets and may even use their position to prevent others from engineering such markets. Controlling market power is thus one of a number of key concerns in network industries. It can be achieved in two main ways; either through the adoption and implementation of sector-specific rules or through the application of competition rules. There are advantages and disadvantages to both options, but it is a combination of the two that generally prevents incumbents from abusing their market power in liberalized markets. Competition law and sector-specific regulation provide for the application of remedies on incumbents or other operators holding significant market power. Such remedies are either structural or a behavioural. In some occasions they will apply ex ante, while in others ex post. This book comprises a collection of outstanding essays dealing with the complex legal and economic issues raised by remedies in network industries. While some of these essays analyse remedies from a generic point of view, others focus on specific remedies applied specifically in particular sectors. The sectors covered in this volume include electronic communications, postal services, energy (electricity and gas), and air transport. The final paper also presents a discussion of the United States approach to remedies in network industries. The essays comprised in this book have been written by leading academics (lawyers and economists), as well as private practitioners.