EU Competition Law and Regulation in the Converging Telecommunications, Media and IT Sectors

Portada
Kluwer Law International B.V., 2006 M01 1 - 698 páginas
This book presents the most thoroughgoing model yet offered to ensure the emergence of a genuinely competitive electronic communications industry in Europe. In the course of its in-depth analysis the discussion focuses on such factors as the following: EU telecommunications policy as revealed in liberalization and harmonization legislative measures; the EU electronic communications framework; case law covering issues of refusal to supply and the essential facilities doctrine; application of Article 82 EC to bottlenecks; specific types of an undertakings unilateral behaviour that may often occupy NRAs and competition authorities in the context of their ex post competition law investigations under Article 82 EC; strategic alliances and mergers in the move toward multimedia; access to premium content and the emergence of new media; the scope of content regulation in the online environment; and broadband (regulation of local loop unbundling and bitstream access). The book also provides practical guidance on issues concerning the complicated market definition and analysis mechanism promulgated by the European Commission's Recommendation and Guidelines.
 

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Contenido

Introduction
1
Markets
2
Legislative Measures
3
Numbering Availability of Numbers
8
38
9
Structure of this book
14
Strategic Alliances and Mergers in the Converging
15
1
21
Specific Measures in the Electronic Communications
337
The Impact of the EU Electronic Communications
369
Access Regime for Digital Gateways
374
Systems to Digital Radio and TV Broadcasts
380
The Role of Public Service Broadcasters in the Emerging
395
1
403
248
428
137
434

in Telecommunications Services
27
Cable Television Networks
30
131
54
Concluding Remarks
56
Article 82 and Refusal to Deal The Case Law of the
62
The Essential Facilities Doctrine in EU
74
BTMCI
134
Discussion of Cases
138
BetaResearch
144
30
150
New Media
162
Conclusions of Sections II and III
170
ADAPTING THE TELECOMMUNICATIONS
177
Scope and Extent of the Infrastructure Regulatory Regime
192
AccessInterconnection
235
Review of Former Obligations for Access and Interconnection
241
The EU Authorization Framework for Electronic
269
Specific Obligations
290
Universal Service Provision End User Rights
295
Affordability of Tariffs
305
Comments
308
Review of the Scope of Universal Service
312
End User Rights
315
Free Calls to Emergency Services
321
Outofcourt Dispute Resolution
328
Market Definition and Analysis of the Relevant Markets
451
Market Definition and Analysis Procedures
478
Notification Procedures Before the European Commission
486
Methodology for Market Definition and Analysis
492
Market Analysis Methodology
516
SPECIFIC ISSUES EU AUDIOVISUAL
535
The Television without Frontiers Directive
541
Rules
559
Nature and Scope of Content Regulation for Online Services
568
Mergers and Strategic Alliances in the Emerging
570
ii Identification of Commercial Content
586
Broadband
601
Interaction Between Broadband Competition Growth
607
Introduction
625
B Regulating LLU under the ECNS Framework
632
249
637
Framework
639
Appendix 1
653
22
659
Index
671
138
674
75
681
77
688
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