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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Competition Law and Regulation in EC Telecommunications

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Pierre LaroucheLecturer, University of Maastricht, The Netherlands

ISBN13: 9781841131443
ISBN: 184113144X
Published: May 2000
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £94.00

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Using numerous practical examples, this book examines the evolution of EC telecommunications law following the achievement of liberalization, the main policy goal of the 1990s. 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 1990s 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 book 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.

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Telecommunications Law
The successive regulatory models: the starting model (until 1990); the regulatory model of the 1987 green paper (1990-1996); the transitional model of the 1992 review and the 1994 green paper (1996-1997); the fully liberalized model (1998-); conclusion. The ""hard core"" of regulation and Article 86 EC: the integration of Articles 86 and 95 EC in the run-up to liberalization - the starting positions, the compromise of December 1989, the legal assessment of the ECJ, the use of Article 86(3) EC as a legal basis after 1990, the integration of Articles 86(3) and 95 EC in an original legislative procedure, concrete examples; the use of article 86(3) EC in a liberalized environment - Article 86(1) EC, Article 86(2) EC; conclusion. The new competition law as applied in the telecommunications sector: sources and epistemology - sources of EC competition law, a model for the legitimacy of EC competition law, the 1991 guidelines and 1998 access notice; relevant market definition - substitutability patterns, relevant markets in a network-based industry, resulting approach and assessment of the decision practice of the Commission; substantive principles - refusal to deal and the ""essential facilities"" doctrine, discrimination, pricing, cross-subsidization and accounting, unbundling; competitive assessment: general principles concerning multi-market cases, the competitive assessment in ""Atlas"", the competitive assessment in ""BT/MCI II""; procedural and institutional framework: standard elements of the procedural and institutional framework - procedural and institutional framework by source, relationship between those frameworks; modifications resulting from competition law as applied in the telecommunications sector - integration of EC competition law and national sector-specific regulation, use of EC competition law to compensate for gaps in sector-specific regulation; resulting procedural and institutional framework; conclusion. Rethinking sector-specific regulation: the limits of competition law - the gaps of competition law, the challenges for competition law, the downsides of competition law, the legitimacy of using competition law as the core of EC telecommunication policy; the case for sector-specific economic regulation - the terms of the case, the dual role of telecommunications, the core regulatory mandate, the balance with competition law; sector-specific regulation at the EC level - the need for EC sector-specific regulation, current status, legal basis, institutional implications; conclusion. Postscript - the 1999 review.