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.
1. Interaction between Competition and Regulation. 2. Market
Definition. 3. Market Power. 4. Remedies. 5. Conclusions.