Communications in EU antitrust law. Market power and public interest

Book abstract:

This work concentrates on the application of EC antitrust rules to market power. It is prompted by the recent reforms to the regulatory regime of electronic communications adopted in February 2002.

The work is organised over seven chapters plus an introduction and conclusion. Chapter one examines the relationship between antitrust law and regulation in the communications sector both in economic and legal contexts. The evolving nature of EU legislation on communications with its strong bias towards competition law is the focus of chapter two. The notion of convergence is the dominant theme of this work, thus chapter three highlights some differences between convergence as a general trend in the industry and the evolving economic realities that guide the competition assessment. The abuse of dominant positions and the forms that those positions might take are explored in chapter four. The influence of US experience features in chapter five which looks at the essential facilities doctrine, originally developed in the US and now widely accepted under EC law. Chapter six examines the role of competition law in individual cases in the shaping of the European Commission's attitude and response to wider policy considerations relating to the liberalisation process. The growing notion of 'European public service' is seen particularly in the field of communications and broadcasting, and in chapter seven we find analysis of the sector from the perspective of the public interest and the changed nature of communications as a public service.

The work will interest students, scholars, policy makers and practitioners in the fields of competition law and antitrust law.