Green Paper On The Liberalisation Of Telecommunications Infrastructure And Cable Television Networks

Part I together with Part II launch the process of formulation of the European Union policy on infrastructure. Part II launches a broad discussion with all interested parties of the major issues involved in the future regulation of network infrastructure. This will allow the development of a common approach to infrastructure provision in the European Union. Covers: the major drivers for change; universal service; employment, societal & cultural issues; & much more. Charts & tables.

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.

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.

Assesses and contrasts the roles of globalisation, institutions and ideas on policy-making in the EU Views the creation of liberalised European single markets in the telecommunications and electricity supply sectors out of national monopolies as an example of the dramatic transformation of economic organisation across Europe in the last twenty years Connects micro policy-making processes in two industrial sectors to macro international political economy Covers the period from the mid 1980s, when the single market came on the agenda, through the liberalising initiatives in the 1990s to the new regulatory framework in communications in 2002 and the 2003 directive on the full liberalisation of electricity by 2007 Will be of interest to anyone studying globalisation, European integration and policy-making, regulation and policy in utility sectors.