Book Review: Laurent Garzaniti, Matthew O'Regan, Peggy Valcke and Alexandre de Streel (eds), Electronic Communications, Audiovisual Services and the Internet ‒ EU Competition Law & Regulation (4th ed; 2020)

2020 ◽  
Vol 19 (2) ◽  
pp. 98-99
Author(s):  
Nicholas Woodrow
Keyword(s):  
Competition Law ◽  
The Internet ◽  
Electronic Communications ◽  
Eu Competition Law ◽  
Law Regulation

23. Particular sectors

2021 ◽  
pp. 1019-1055
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Competition Law ◽  
Transport Sector ◽  
Current Debate ◽  
Electronic Communications ◽  
Digital Platforms ◽  
Military Equipment ◽  
Eu Competition Law ◽  
Competition Rules ◽  
The Uk ◽  
The Eu

This chapter deals with four issues. First it will briefly examine three sectors of the economy that are wholly or partly excluded from EU competition law, namely nuclear energy, military equipment and agriculture; the special regime that once existed for coal and steel products under the former European Coal and Steel Community (‘the ECSC’) Treaty is also mentioned in passing. Secondly, it will explain the application of the EU competition rules apply to the transport sector. Thirdly, the chapter will consider the specific circumstances of four so-called ‘regulated industries’, electronic communications, post, energy and water, where a combination of legislation, regulation and competition law seek to promote competition. Last, but by no means least, the current debate concerning digital platforms is discussed where it is likely that ex ante regulatory rules will be introduced, both in the EU and the UK, to address concerns about anti-competitive conduct and a tendency towards the monopolisation of markets.

Slovak Telekom/Deutsche Telekom AG: The Interplay Between EU Competition Law and Sector Specific Rules in the Electronic Communications Sector

2019 ◽  
Vol 10 (5) ◽  
pp. 301-303
Author(s):  
Francesco Liberatore ◽  
Kety Tsochas ◽  
Matthew Buckwell
Keyword(s):  
Competition Law ◽  
Electronic Communications ◽  
Eu Competition Law ◽  
Retail Prices ◽  
The Difference ◽  
Specific Regulation

Abstract Case T-827/14, Deutsche Telekom AG v Commission, and Case T-851/14 Slovak Telekom a.s. v Commission, Judgments of 13 December 2018. Granting access to a product or service, which is required under sector specific regulation, on unfair, unreasonably complicated or delayed terms amounts to constructive refusal to supply, without the need to demonstrate that the regulated access product or service is an indispensable input. In addition, a margin squeeze test, to assess whether the difference between wholesale and retail prices is negative, should be carried out on a year-by-year basis, and not on a multi-period basis. Finally, when a parent is jointly and severally liable for anti-competitive conduct of its subsidiary, the liability of the parent can exceed that of the subsidiary only if it reflects the parent’s individual conduct in the infringement at issue.

scholarly journals (Why) Did EU Net Neutrality Rules Overshoot the Mark? Internet, Disruptive Innovation and EU Competition Law & Policy

2018 ◽  
Vol 11 (18) ◽  
pp. 227-239
Author(s):  
Oles Andriychuk
Keyword(s):  
Service Providers ◽  
Competition Law ◽  
Disruptive Innovation ◽  
Net Neutrality ◽  
Internet Service Providers ◽  
Electronic Communications ◽  
Internet Service ◽  
Eu Competition Law ◽  
Disruptive Innovations ◽  
The Eu

This essay raises a number of theses in support for a more liberalised approach to EU Net Neutrality rules. It offers a graded system of levels of regulatory intervention, arguing that soft Net Neutrality rules are capable of meeting all positive objectives of regulation without causing the problems generated by hard Net Neutrality rules, such as those currently in place in the EU. Hard Net Neutrality rules prevent Internet Service Providers (ISPs) from making disruptive innovations. Meanwhile, they enable some Content and Application Providers (CAPs) to monopolise many markets via (disruptive) innovations, resulting in newly established dominant positions which have, in many instances, been abused. The hypothesis of the essay is that loosening the rules on Net Neutrality would create competition between ISPs and CAPs as well as (which is even more important) between different CAPs for limited premium speed traffic. Such newly established competition could remedy some antitrust conundrums faced by EU competition enforcers and sectorial regulators vis-à-vis disruptive innovators in the area of electronic communications.

23. Particular sectors

2018 ◽  
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Nuclear Energy ◽  
Competition Law ◽  
Transport Sector ◽  
Electronic Communications ◽  
Military Equipment ◽  
Eu Competition Law ◽  
Competition Rules ◽  
Regulated Industries ◽  
The Eu ◽  
The Way

This chapter deals with three issues. First it examines those sectors of the economy that are wholly or partly excluded from EU competition law, namely nuclear energy, military equipment and agriculture; the special regime for coal and steel products under the former European Coal and Steel Community (‘the ECSC’) Treaty is briefly referred to. Secondly, it describes how the EU competition rules apply to the transport sector. Finally, the chapter considers the specific circumstances of so-called ‘regulated industries’ such as electronic communications, post and energy and the way in which EU and UK competition law apply to them. Constraints of space mean that these matters can be described only in outline; references to specialised literature on the application of competition law to particular sectors will be provided where appropriate.

The Shaping of EU Competition Law

2018 ◽  
Author(s):  
Pablo Ibáñez Colomo
Keyword(s):  
Competition Law ◽  
Eu Competition Law
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