By Pierre Larouche

Description

Using numerous practical examples, this book examines the evolution of EC telecommunications law following the achievement of liberalization, the main policy goal of the 1990s. After reviewing the development of regulation in the run-up to liberalization, the author identifies the methods used to direct the liberalization process and tests their validity in the post-liberalization 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-subsidization to tackle what were then thought of as regulatory matters. Also examined within the book 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.

Contents

Preface

Table of Frequently Cited Materials

Table of Abbreviations

Table of Cases

Table of Legislation

Introduction

1 The Successive Regulatory Models

I The Starting Model (Until 1990) 1

II The Regulatory Model of the 1987 Green Paper (1990-1996) 3

III The Transitional Model of the 1992 Review and the 1994 Green Paper (1996-1997) 19

IV The Fully Liberalized Model (1998-) 22

2 The \"Hard Core\" of Regulation and Article 86 EC

I The Integration of Articles 86 and 95 EC in the Run-Up to Liberalization 37

II The use of Article 86(3) EC in a Liberalized Environment 91

3 The New Competition Law as Applied in the telecommunications Sector

I Sources and Epistemology 112

II Relevant Market Definition 129

III Substantive Principles 165

IV Competitive Assessment 268

V Procedural and Institutional Framework 283

4 Rethinking Sector-Specific Regulation

I The Limits of Competition Law 322

II The Case for Sector-Specific Economic Regulation 359

III Sector-Specific Regulation at the EC level 403

Conclusion 429

Postscript: The 1999 Review 441

Bibliography

Published Year: 2000 Format: Hard Back ISBN: 9781841131443 Publisher: Hart Publishing, Oxford No of Pages: 504 Our Price: £ 75.00 Reviews: 0 reivew(s).

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