Communications in EU Law : Antitrust Market Power and Public Interest

Pirmais vāks
Kluwer Law International B.V., 2003. gada 1. janv. - 436 lappuses
Approaching the theme from an antitrust perspective and focusing on telecommunications and television broadcasting, this volume examines how traditional European competition law doctrines and principles can be applied to this converging sector. The application of antitrust rules to the communications sector is often one of the most controversial areas of law and policy. The shift towards a more competition law oriented form of regulation is one of the main principles inspiring the recent reform of European sectorial regulation enshrined in the 2002 Electronic Communication Package. The Package was adopted in 2002 and is in the process of being implemented throughout the Union.

This monograph provides a detailed description of the new regulatory package and highlights the interplay between regulatory provisions and EC competition law. It then follows the pattern of a typical antitrust analysis containing chapters on the definition of relevant market in the sector and various forms of abuses of market power. The book also critically examines the Commission's practice and policy in the field of merger control and considers its relationship with wider regulatory policies. Finally it analyses the sector from the perspective of the 'European' public interest and the changed nature of communications as a public service.

No grāmatas satura

Saturs

INTRODUCTION
1
Historical and comparative perspectives
2
The essential facility doctrine in U S and EC case
4
POLICY FACTORS INFLUENCING COMMUNICATIONS
7
Overview of the economic and technological factors affecting the sector
21
Conclusion
28
The legal basis
42
Common Regulatory Framework
54
Conclusion
134
Market definition between economic analysis and industrial
160
Convergence and complex dominance
171
Introduction
215
Conclusions
219
Cooperation under Article 81
319
a critical appraisal
330
Conclusion
339

91
60
Access and Interconnection
70
provisions
93
RELEVANT MARKETS IN COMMUNICATIONS
103
Relevant product markets in communications
110
The substantive analysis under Article 86
362
competition and universality
381
CONCLUSION
401
Court of First Instance
428
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