Evolving Forms Of Abusing Dominant Position In The Electronic Communications Sector
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Margin Squeeze In The Electronic Communications Sector
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Author : Anna Renata Pisarkiewicz
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-06-22
Margin Squeeze In The Electronic Communications Sector written by Anna Renata Pisarkiewicz and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-22 with Law categories.
Margin squeeze is a form of abuse of a dominant position in which a vertically integrated company reduces the margin between the price charged to competitors and the price charged to consumers, which can have the effect of excluding a competitor from the market. In the decade or so since the liberalisation of network industries, margin squeeze has become a major source of concern among competition authorities and courts, particularly pronounced in the electronic communications sector. Because some of the adopted decisions show significant inconsistencies in approach, and legal certainty remains elusive in this area, this book which provides an extremely thorough analysis is both timely and of great practical value. The author provides an in-depth examination of margin squeeze allegations in the electronic communications sector with a view to developing a more advanced and comprehensive analysis of principles which should guide ex post assessment of margin squeeze. Issues and topics covered include: – scope of intervention in margin squeeze cases both for national regulatory and national competition authorities; – conditions for sanctioning margin squeeze under Article 102; – methodological and practical difficulties in identifying a margin squeeze; – methodology employed in margin squeeze cases and its regulatory aspects; – assessment of the ability and incentives of regulated firms to engage in a margin squeeze; and – situations when competition law is used to address the deficits of regulation and regulatory failures. It also includes a critical comparison of the vertical foreclosure analysis undertaken in margin squeeze cases with the approach adopted in the EU Non-Horizontal Merger Guidelines. Throughout the analysis, margin squeeze treatment in the European Union and its Member States is examined in light of the diverging approach adopted by the US Supreme Court. The increasing complexity of the electronic communications market can only further confound an already complex assessment of price squeezes, and one can expect that claims of anticompetitive margin squeeze in liberalised network industries will continue to be high on the enforcement agenda of competition authorities for years to come. In light of the need for a coherent, or at least predictable, sentencing policy to provide relative legal certainty, the research in this book proves invaluable. The analysis and conclusions discussed in this book will be welcomed by policymakers, regulators, and lawyers working in the areas of competition law and electronic communications law.
Legislative And Regulatory Actions Needed To Deal With A Changing Domestic Telecommunications Industry
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Author : United States. General Accounting Office
language : en
Publisher:
Release Date : 1981
Legislative And Regulatory Actions Needed To Deal With A Changing Domestic Telecommunications Industry written by United States. General Accounting Office and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with Competition categories.
Evolving Forms Of Abusing Dominant Position In The Electronic Communications Sector
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Author : Anna Renata Pisarkiewicz
language : en
Publisher:
Release Date : 2014
Evolving Forms Of Abusing Dominant Position In The Electronic Communications Sector written by Anna Renata Pisarkiewicz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Antitrust law categories.
A margin squeeze is an exclusionary form of abuse of a dominant position that a vertically integrated firm can implement when it sells its upstream bottleneck input to its downstream competitors. Because it is vertically integrated, the dominant incumbent can reduce the margin between the input price charged to competitors and the retail price charged to end-users by either raising the price of the input and/or lowering the price of its retail product/services to such an extent that the remaining margin of profit is insufficient for its rivals to remain competitive. Although the scenario of margin squeeze seems to be rather simple, the underlying economic and legal theories are not. Consequently, detecting a margin squeeze requires competition authorities to apply a complex imputation test, which in turn requires various methodological choices that can determine the outcome of the investigation. The principal purpose of the dissertation is to determine whether the European Commission's margin squeeze decisions are consistent with EU case law. The dissertation examines two alternative hypotheses. Under hypothesis A, margin squeeze is presented as a deviation from the essential facilities doctrine, which could be seen as an expression of regulatory competition law. Hypothesis B assumes that it constitutes another form of vertical foreclosure, the main question then being under what exact conditions foreclosure is likely in network industries where the margin squeeze doctrine traditionally applies. Two conclusions follow from the analysis. First, margin squeeze constitutes another theory of vertical foreclosure, and accordingly cannot be seen as an unjustified deviation from refusal to deal and essential facilities cases. Second, to ensure that the theory of harm in margin squeeze cases is credible, competition authorities could enhance their current analytical framework by regularly reviewing various additional elements, in particular the extent to which the wholesale product is important for downstream competition.
The Routledge Companion To Network Industries
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Author : Matthias Finger
language : en
Publisher: Routledge
Release Date : 2015-11-19
The Routledge Companion To Network Industries written by Matthias Finger and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-19 with Business & Economics categories.
In recent decades, network industries around the world have gone through periods of de- and re-regulation. With vast amounts of sometimes conflicting research carried out into specific network industries, the time has come for a critical over-arching assessment of this entire industry in order to provide a platform of understanding to aid future research and practice. This comprehensive resource provides an orientation for academics, policy makers and managers as to the main economic, regulatory and commercial challenges in the network industries. The book is split into sections covering market, policy, regulation, management perspectives, whilst all of the key network industries are covered, including energy, transport, water and telecommunications. Overseen by world-class Editors and experts in the field, this inter-disciplinary resource is essential reading for students and researchers in international business, industrial economics and the industries.
The Evolution Of China S Anti Monopoly Law
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Author : Xiaoye Wang
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-07-31
The Evolution Of China S Anti Monopoly Law written by Xiaoye Wang and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-31 with Law categories.
China's Anti-Monopoly Law (AML) is one of the youngest and most influential antitrust laws in the world today. This book aims to provide a better understanding of the evolution of China's AML to the international community through a collection of e
The Evolution Of Eu Law
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Author : Paul Craig
language : en
Publisher: OUP Oxford
Release Date : 2011-02-17
The Evolution Of Eu Law written by Paul Craig and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-17 with Law categories.
The European Union has undergone major changes in the last decade, including Treaty reform, and a significant expansion of activity in foreign and security policy, and justice and home affairs. In the first edition of this influential textbook, a team of leading lawyers and political scientists reflected upon the important developments in their chosen area over the time since the EC was formed. This new edition continues this analysis ten years on. Taking into account the social and political background, and without losing sight of the changes that came before, in each chapter the contributors analyze the principle themes and assess the legal and political forces that have shaped its development. Each author addresses a specific topic, event, or theme, from the European Court of Justice to Treaty reform; the enlargement of the EU to administrative law; the effect of EU law on culture to climate change. Together the chapters tell the story of the rapid development of EU law - its past, present, and future.
The Privatisation Of European Telecommunications
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Author : Johan From
language : en
Publisher: Routledge
Release Date : 2017-11-28
The Privatisation Of European Telecommunications written by Johan From and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-28 with Business & Economics categories.
This international volume presents a comprehensive, comparative study of the transformation of the European telecommunications industry from 1990 to the present. The book focuses on the old incumbent operators and their dramatic change from state agencies to listed companies. It analyzes the liberalization process, as well as the corporatization and privatization of these companies. The contributors assess the conditions for the transformations taking place; the driving forces for change; the effects to management, the efforts of the EU during these processes, and ultimately, the role of the private owner. Political science publications have all but excluded analysis of the newly privatized companies; their contribution to the liberalization process both before and after privatization; and the interplay between the national political and company levels. The book redresses this shortcoming, and also features a double empirical focus in that the main national incumbents in Europe are analyzed and compared to Telenor, the Norwegian former incumbent.
International And Comparative Competition Law
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Author : Maher M. Dabbah
language : en
Publisher: Cambridge University Press
Release Date : 2010-09-16
International And Comparative Competition Law written by Maher M. Dabbah and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-16 with Law categories.
This thorough appraisal of competition law and policy from an international and comparative perspective covers the role of different international organisations active in the area, the significance of multinational enterprises and, in particular, the differences between US and EU systems. Taking examples from regions such as Africa, the Middle East and Asia, Maher M. Dabbah looks at the law and policy in developing countries and at a regional level, the internationalisation of competition law and the doctrines of extraterritoriality, bilateral cooperation and multilateral cooperation as well as the relationship between competition and trade policy. The book should prove useful to anyone who is interested in gaining an insight into the international dimension of competition law and policy. It is written in a language and style which make such a complex topic both possible to understand and enjoyable.
Ec Competition And Telecommunications Law
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Author : Christian Koenig
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-03-27
Ec Competition And Telecommunications Law written by Christian Koenig and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-27 with Law categories.
This new volume updates the groundbreaking analysis of its first edition in 2002, when the EC common regulatory framework for electronic communications networks and services had just entered into force. So much has changed in the intervening years that that this new edition bears little resemblance to its predecessor, with every chapter either extensively altered or entirely new. It remains, however, the most detailed and comprehensive overview available of the application of the EC Treaty’s competition rules in the markets for telecommunications and audiovisual media, and of the applicable regulatory framework. In thirteen chapters, each contributed by one or more noted legal authorities in the field, the second edition of EC Competition and Telecommunications Law covers the full range of EC telecommunications law across all major areas of both institutional and substantive law, both on the international and EC levels, including the following: State aid; the merger control regulation; justification for sector-specific regulation in EC competition law; network access; authorizations and privileges; and mobile telephony. Relevant EC media and communications law and relevant aspects of EC competition law are dealt with in detail. While some chapters focus on competition law, others deal primarily with sector-specific regulation. There is practical guidance throughout on procedural matters, alongside analysis of the substantive provisions. Well-known in its first edition, this thoroughly revised and updated version continue to be vital reading for practitioners, in particular those specializing in European competition law and for company and in-house lawyers who are seeking advice on how European law affects their business. As a detailed analysis of the basic legislative and regulatory framework of European telecommunications law, it will be an invaluable reference work for lawyers, judges, regulators, and policymakers in all the EC Member States, as well as for students and teachers of European law.
Telecommunications For Europe 1992
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Author : Herbert Ungerer
language : en
Publisher: IOS Press
Release Date : 1991
Telecommunications For Europe 1992 written by Herbert Ungerer and has been published by IOS Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Computers categories.
This work constitutes a continuation of the first volume of the source book, published 1989 and which contained the work leading up to, including, and immediately following the Green Paper on the Development of the Common Market for Telecommunications Services and Equipment. The first volume covered the period up to the end of 1988, while this second volume covers regulatory and policy developments in 1989 and 1990.