Broadcasting in the European Union:The Role of Public Interest in Competition Analysis

Broadcasting in the European Union:The Role of Public Interest in Competition Analysis

Author: Ingrid Nitsche

Publisher: T.M.C. Asser Press

Published: 2011-04-20

Total Pages: 194

ISBN-13: 9789067044523

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Broadcasting in the European Union: The Role of Public Interest in Competition Analysis explores whether and to what extent EC Competition law promotes media pluralism and how broadcasting's public service and commercial interests can be reconciled in Europe, where public and economic competition have traditionally been defined as distinct concepts. It employs a multi-disciplinary approach to identify how the term 'public interest' is used by different actors. Publicists, it is believed, compete on words, not on products or prices. Against the background of increased commercialisation, this book takes a different point of view. It identifies how EC law and the case law of the European Courts balance public interest considerations with economic competition on media markets. It also contrasts various policy options and examines issues from EC merger control to the marketing of sports rights. This book offers the first comprehensive application of competition analysis to European broadcasting.


Book Synopsis Broadcasting in the European Union:The Role of Public Interest in Competition Analysis by : Ingrid Nitsche

Download or read book Broadcasting in the European Union:The Role of Public Interest in Competition Analysis written by Ingrid Nitsche and published by T.M.C. Asser Press. This book was released on 2011-04-20 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Broadcasting in the European Union: The Role of Public Interest in Competition Analysis explores whether and to what extent EC Competition law promotes media pluralism and how broadcasting's public service and commercial interests can be reconciled in Europe, where public and economic competition have traditionally been defined as distinct concepts. It employs a multi-disciplinary approach to identify how the term 'public interest' is used by different actors. Publicists, it is believed, compete on words, not on products or prices. Against the background of increased commercialisation, this book takes a different point of view. It identifies how EC law and the case law of the European Courts balance public interest considerations with economic competition on media markets. It also contrasts various policy options and examines issues from EC merger control to the marketing of sports rights. This book offers the first comprehensive application of competition analysis to European broadcasting.

Broadcasting in the European Union:The Role of Public Interest in Competition Analysis

Broadcasting in the European Union:The Role of Public Interest in Competition Analysis

Author: Ingrid Nitsche

Publisher: T.M.C. Asser Press

Published: 2001-05-15

Total Pages: 0

ISBN-13: 9789067044516

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Broadcasting in the European Union: The Role of Public Interest in Competition Analysis explores whether and to what extent EC Competition law promotes media pluralism and how broadcasting's public service and commercial interests can be reconciled in Europe, where public and economic competition have traditionally been defined as distinct concepts. It employs a multi-disciplinary approach to identify how the term 'public interest' is used by different actors. Publicists, it is believed, compete on words, not on products or prices. Against the background of increased commercialisation, this book takes a different point of view. It identifies how EC law and the case law of the European Courts balance public interest considerations with economic competition on media markets. It also contrasts various policy options and examines issues from EC merger control to the marketing of sports rights. This book offers the first comprehensive application of competition analysis to European broadcasting.


Book Synopsis Broadcasting in the European Union:The Role of Public Interest in Competition Analysis by : Ingrid Nitsche

Download or read book Broadcasting in the European Union:The Role of Public Interest in Competition Analysis written by Ingrid Nitsche and published by T.M.C. Asser Press. This book was released on 2001-05-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Broadcasting in the European Union: The Role of Public Interest in Competition Analysis explores whether and to what extent EC Competition law promotes media pluralism and how broadcasting's public service and commercial interests can be reconciled in Europe, where public and economic competition have traditionally been defined as distinct concepts. It employs a multi-disciplinary approach to identify how the term 'public interest' is used by different actors. Publicists, it is believed, compete on words, not on products or prices. Against the background of increased commercialisation, this book takes a different point of view. It identifies how EC law and the case law of the European Courts balance public interest considerations with economic competition on media markets. It also contrasts various policy options and examines issues from EC merger control to the marketing of sports rights. This book offers the first comprehensive application of competition analysis to European broadcasting.

Public Broadcasting and European Law

Public Broadcasting and European Law

Author: Irini Katsirea

Publisher: Kluwer Law International B.V.

Published: 2008-01-01

Total Pages: 482

ISBN-13: 9041125000

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Although EU Member States share a tradition of regulating public broadcasting for the public interest, such regulation has been in decline in recent years. It has been challenged by the emergence of commercial television sworn to the market logic, as well as by satellite services and the Internet. EU law and policy has, under pressure from powerful global forces, abetted that decline. The question thus arises: Do cultural values still matter in European national broadcasting? This important book examines the challenges posed to public service obligations by European Union media law and policy. An in-depth analysis of the extent to which six countries (France, Germany, Greece, Italy, the Netherlands, and the United Kingdom) regulate broadcasting for the public interest reveals a range of vulnerability to national political pressures or, alternatively, to the ideology of market sovereignty. The author examines the country of origin principle and the European quota rule of the Television without Frontiers Directive, revealing the influence of European law on the definition and enforcement of programme requirements, and shows how the case law of the European Court of Justice encourages deregulation at the national level without offering adequate safeguards at the supranational level in exchange. She asks the question whether the alleged 'European audiovisual model' actually persists--that is, whether broadcasting is still committed to protecting such values as cultural diversity, the safety of minors, the susceptibility of consumers to advertising, media pluralism, and the fight against racial and religious hatred. The book concludes with an evaluation of the impact of the EU state aid regime on the licence fee based financing of public broadcasting. Despite the increasing importance of the subject, its study in a comparative context has been heretofore underdeveloped. This book fully provides that context and more, and will be of great value and interest to all parties concerned with the key role of communications in the development of European integration.


Book Synopsis Public Broadcasting and European Law by : Irini Katsirea

Download or read book Public Broadcasting and European Law written by Irini Katsirea and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although EU Member States share a tradition of regulating public broadcasting for the public interest, such regulation has been in decline in recent years. It has been challenged by the emergence of commercial television sworn to the market logic, as well as by satellite services and the Internet. EU law and policy has, under pressure from powerful global forces, abetted that decline. The question thus arises: Do cultural values still matter in European national broadcasting? This important book examines the challenges posed to public service obligations by European Union media law and policy. An in-depth analysis of the extent to which six countries (France, Germany, Greece, Italy, the Netherlands, and the United Kingdom) regulate broadcasting for the public interest reveals a range of vulnerability to national political pressures or, alternatively, to the ideology of market sovereignty. The author examines the country of origin principle and the European quota rule of the Television without Frontiers Directive, revealing the influence of European law on the definition and enforcement of programme requirements, and shows how the case law of the European Court of Justice encourages deregulation at the national level without offering adequate safeguards at the supranational level in exchange. She asks the question whether the alleged 'European audiovisual model' actually persists--that is, whether broadcasting is still committed to protecting such values as cultural diversity, the safety of minors, the susceptibility of consumers to advertising, media pluralism, and the fight against racial and religious hatred. The book concludes with an evaluation of the impact of the EU state aid regime on the licence fee based financing of public broadcasting. Despite the increasing importance of the subject, its study in a comparative context has been heretofore underdeveloped. This book fully provides that context and more, and will be of great value and interest to all parties concerned with the key role of communications in the development of European integration.

Communications in EU Law : Antitrust Market Power and Public Interest

Communications in EU Law : Antitrust Market Power and Public Interest

Author: Antonio Bavasso

Publisher: Kluwer Law International B.V.

Published: 2003-01-01

Total Pages: 450

ISBN-13: 9041119744

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Approaching the theme from an antitrust perspective and focusing on telecommunications and television broadcasting, this volume examines how traditional European competition law doctrines and principles can be applied to this converging sector. The application of antitrust rules to the communications sector is often one of the most controversial areas of law and policy. The shift towards a more competition law oriented form of regulation is one of the main principles inspiring the recent reform of European sectorial regulation enshrined in the 2002 Electronic Communication Package. The Package was adopted in 2002 and is in the process of being implemented throughout the Union. This monograph provides a detailed description of the new regulatory package and highlights the interplay between regulatory provisions and EC competition law. It then follows the pattern of a typical antitrust analysis containing chapters on the definition of relevant market in the sector and various forms of abuses of market power. The book also critically examines the Commission's practice and policy in the field of merger control and considers its relationship with wider regulatory policies. Finally it analyses the sector from the perspective of the 'European' public interest and the changed nature of communications as a public service.


Book Synopsis Communications in EU Law : Antitrust Market Power and Public Interest by : Antonio Bavasso

Download or read book Communications in EU Law : Antitrust Market Power and Public Interest written by Antonio Bavasso and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Approaching the theme from an antitrust perspective and focusing on telecommunications and television broadcasting, this volume examines how traditional European competition law doctrines and principles can be applied to this converging sector. The application of antitrust rules to the communications sector is often one of the most controversial areas of law and policy. The shift towards a more competition law oriented form of regulation is one of the main principles inspiring the recent reform of European sectorial regulation enshrined in the 2002 Electronic Communication Package. The Package was adopted in 2002 and is in the process of being implemented throughout the Union. This monograph provides a detailed description of the new regulatory package and highlights the interplay between regulatory provisions and EC competition law. It then follows the pattern of a typical antitrust analysis containing chapters on the definition of relevant market in the sector and various forms of abuses of market power. The book also critically examines the Commission's practice and policy in the field of merger control and considers its relationship with wider regulatory policies. Finally it analyses the sector from the perspective of the 'European' public interest and the changed nature of communications as a public service.

The European Union and the Culture Industries

The European Union and the Culture Industries

Author: David Ward

Publisher: Routledge

Published: 2016-02-17

Total Pages: 282

ISBN-13: 1317032985

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This edited collection brings together leading academics in their respective fields to examine the European Union's impact on media and public policy. It provides an analysis of the broader areas of EU policy and links these together to give a greater appreciation of the nuances and scope of EU regulatory initiatives and their impact on the member states. Under a broad public interest perspective, the authors provide an assessment of the success of EU policy in protecting the public interest in the culture industries and respecting certain normative principles and balancing these with market dynamics.


Book Synopsis The European Union and the Culture Industries by : David Ward

Download or read book The European Union and the Culture Industries written by David Ward and published by Routledge. This book was released on 2016-02-17 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection brings together leading academics in their respective fields to examine the European Union's impact on media and public policy. It provides an analysis of the broader areas of EU policy and links these together to give a greater appreciation of the nuances and scope of EU regulatory initiatives and their impact on the member states. Under a broad public interest perspective, the authors provide an assessment of the success of EU policy in protecting the public interest in the culture industries and respecting certain normative principles and balancing these with market dynamics.

Services of General Economic Interest in EU Competition Law

Services of General Economic Interest in EU Competition Law

Author: Lei Zhu

Publisher: Springer Nature

Published: 2020-05-08

Total Pages: 320

ISBN-13: 9462653879

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This book provides a comprehensive examination of the interaction between Services of General Economic Interest (SGEI) and EU competition law, covering in particular Article 106 of the Treaty on the Functioning of the European Union (TFEU) and state aid rules. It also takes the telecommunications, postal service and transport sectors as case studies, taking into account the technological, economic and political backgrounds to these sectors. The area of SGEI has undergone fundamental developments over the past three decades and the most recent changes in the Lisbon Treaty, recognizing SGEI as a shared value and granting explicit competence to the EU, mark its constitutional significance. The key issue is how to balance economic values underlying competitive markets and non-economic public service values such as universal access to essential services. The essence of the question is the relationship between the market and the state. This controversial issue is addressed through a critical analysis of a number of landmark EU Court judgments and Commission decisions over the decades. Offering a clear appreciation of the evolution of the EU regulatory framework on SGEI that lays out the limits and boundaries within which the Member States define, organize and fund SGEI, the book is particularly aimed at academics with a research interest in the interaction between public services and EU competition law, but as it also demonstrates clearly how the application of EU competition law has transformed the public utilities sectors, it will be of interest to law makers, legal professionals and policy makers as well. Dr. Lei Zhu is a Research Associate at the Institute of International Law at Wuhan University in Wuhan, China. He studied at the Institute for Competition & Procurement Studies of the Bangor University Law School in Wales, United Kingdom, where he obtained his PhD in law in 2015.


Book Synopsis Services of General Economic Interest in EU Competition Law by : Lei Zhu

Download or read book Services of General Economic Interest in EU Competition Law written by Lei Zhu and published by Springer Nature. This book was released on 2020-05-08 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive examination of the interaction between Services of General Economic Interest (SGEI) and EU competition law, covering in particular Article 106 of the Treaty on the Functioning of the European Union (TFEU) and state aid rules. It also takes the telecommunications, postal service and transport sectors as case studies, taking into account the technological, economic and political backgrounds to these sectors. The area of SGEI has undergone fundamental developments over the past three decades and the most recent changes in the Lisbon Treaty, recognizing SGEI as a shared value and granting explicit competence to the EU, mark its constitutional significance. The key issue is how to balance economic values underlying competitive markets and non-economic public service values such as universal access to essential services. The essence of the question is the relationship between the market and the state. This controversial issue is addressed through a critical analysis of a number of landmark EU Court judgments and Commission decisions over the decades. Offering a clear appreciation of the evolution of the EU regulatory framework on SGEI that lays out the limits and boundaries within which the Member States define, organize and fund SGEI, the book is particularly aimed at academics with a research interest in the interaction between public services and EU competition law, but as it also demonstrates clearly how the application of EU competition law has transformed the public utilities sectors, it will be of interest to law makers, legal professionals and policy makers as well. Dr. Lei Zhu is a Research Associate at the Institute of International Law at Wuhan University in Wuhan, China. He studied at the Institute for Competition & Procurement Studies of the Bangor University Law School in Wales, United Kingdom, where he obtained his PhD in law in 2015.

The European Union and the Regulation of Media Markets

The European Union and the Regulation of Media Markets

Author: Alison Harcourt

Publisher: Manchester University Press

Published: 2005

Total Pages: 276

ISBN-13: 9780719066450

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This book investigates the processes by which European Union institutions have sought to regulate national media markets, both through European level initiatives and influences upon national policy-making. This provides an excellent case study for observing new modes of EU governance. Because of this sector's political and cultural significance at national levels, there have been limits to the amount of European legislation that has been deemed to be acceptable, and limits have been encountered by the European institutions in question. The book argues that the institutions have therefore found other ways of governing media markets -- the initiation of European level fora, the decentralization of decision-making bodies, presenting best practices solutions to domestic policy problems, and the Europeanization of national policies through direct action. This book provides the first in-depth empirical analysis of new modes of EU governance with a specific industry case study, and also shows how the European institutions have between them engineered processes of policy convergence at national levels.


Book Synopsis The European Union and the Regulation of Media Markets by : Alison Harcourt

Download or read book The European Union and the Regulation of Media Markets written by Alison Harcourt and published by Manchester University Press. This book was released on 2005 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the processes by which European Union institutions have sought to regulate national media markets, both through European level initiatives and influences upon national policy-making. This provides an excellent case study for observing new modes of EU governance. Because of this sector's political and cultural significance at national levels, there have been limits to the amount of European legislation that has been deemed to be acceptable, and limits have been encountered by the European institutions in question. The book argues that the institutions have therefore found other ways of governing media markets -- the initiation of European level fora, the decentralization of decision-making bodies, presenting best practices solutions to domestic policy problems, and the Europeanization of national policies through direct action. This book provides the first in-depth empirical analysis of new modes of EU governance with a specific industry case study, and also shows how the European institutions have between them engineered processes of policy convergence at national levels.

The Role of Media Pluralism in the Enforcement of EU Competition Law

The Role of Media Pluralism in the Enforcement of EU Competition Law

Author: Konstantina Bania

Publisher:

Published: 2015

Total Pages: 404

ISBN-13:

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EU Competition Law is generally believed to play a negligible role in protecting media pluralism. Three arguments are usually put forward to support this position. First, the application of EU competition law ensures market access, thereby potentially delivering an outcome that is of benefit to media pluralism, but this outcome is entirely dependent on the economic concerns the European Commission attempts to address in each individual case and hence (at best) coincidental. Second, precisely because it is driven by efficiency considerations, EU competition law is incapable of grasping the qualitative dimension of media pluralism. Third, when exercising State aid control, the Commission can (and must) play only a marginal role in the planning and implementation of aid measures aimed at promoting media pluralism. This thesis puts forward the claim that EU competition law has potential that remains unexplored by questioning the accuracy of the above three assumptions. To test this claim, it examines a number of traditional and new media markets (broadcasting, print and digital publishing, online search, and news aggregation) and competition law issues (concentrations, resale price maintenance agreements, online agencies, abuses of dominance, and State aids to public service media). The study demonstrates that if relevant assessments are conducted properly, that is, by duly taking account of the dimensions that drive competition in the media, including quality, variety and originality, and by making appropriate use of the tools provided by the applicable legal framework, EU competition law may go a long way towards safeguarding media pluralism without the need to stretch the limits of the Treaty on the Functioning of the European Union. Amidst a deregulatory trend towards the media and given that the likelihood that action with far-reaching implications under other branches of EU law is low, the normative suggestions put forward in this thesis possibly form the only realistic proposal on the contribution the EU can make to the protection of pluralism.


Book Synopsis The Role of Media Pluralism in the Enforcement of EU Competition Law by : Konstantina Bania

Download or read book The Role of Media Pluralism in the Enforcement of EU Competition Law written by Konstantina Bania and published by . This book was released on 2015 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Competition Law is generally believed to play a negligible role in protecting media pluralism. Three arguments are usually put forward to support this position. First, the application of EU competition law ensures market access, thereby potentially delivering an outcome that is of benefit to media pluralism, but this outcome is entirely dependent on the economic concerns the European Commission attempts to address in each individual case and hence (at best) coincidental. Second, precisely because it is driven by efficiency considerations, EU competition law is incapable of grasping the qualitative dimension of media pluralism. Third, when exercising State aid control, the Commission can (and must) play only a marginal role in the planning and implementation of aid measures aimed at promoting media pluralism. This thesis puts forward the claim that EU competition law has potential that remains unexplored by questioning the accuracy of the above three assumptions. To test this claim, it examines a number of traditional and new media markets (broadcasting, print and digital publishing, online search, and news aggregation) and competition law issues (concentrations, resale price maintenance agreements, online agencies, abuses of dominance, and State aids to public service media). The study demonstrates that if relevant assessments are conducted properly, that is, by duly taking account of the dimensions that drive competition in the media, including quality, variety and originality, and by making appropriate use of the tools provided by the applicable legal framework, EU competition law may go a long way towards safeguarding media pluralism without the need to stretch the limits of the Treaty on the Functioning of the European Union. Amidst a deregulatory trend towards the media and given that the likelihood that action with far-reaching implications under other branches of EU law is low, the normative suggestions put forward in this thesis possibly form the only realistic proposal on the contribution the EU can make to the protection of pluralism.

Media Pluralism and European Law

Media Pluralism and European Law

Author: Ewa Komorek

Publisher: Kluwer Law International B.V.

Published: 2012-12-01

Total Pages: 560

ISBN-13: 9041142177

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Although there appears to be no firm legal basis in the Treaties for EU legislative action aimed specifically at protecting media pluralism, this book opens a number of promising avenues along which a viable legal regime protecting media pluralism may be achieved in the EU. With particular focus on broadcasting, the book examines existing (albeit fragmented) legislative and regulatory measures in competition law and other areas that contribute to this goal, and sets forth ways to strengthen monitoring and transparency, generate ‘soft law with hard statements’, introduce a ‘pluralism test’ in the EU Merger Regulation, promote more public service media, and foster media literacy. Among many other issues arising in the course of the discussion, the author describes and elucidates the following: various types of integration of media companies and the different ways they affect pluralism and diversity; limitations of must-carry rules and principles of interoperability; the diverging priorities of different European organizations, institutions and bodies; and contradictory lobbying efforts from industry actors. The author places herself on the culture side of the culture/commodity dilemma, showing why it is vital for regulators to preserve media pluralism by counteracting excessive media concentration and safeguarding quality and diversity of content. In this era which is transforming media and communications industries worldwide, with an ever-increasing plethora of delivery means without respect to national borders, this book is an essential resource for regulators and other concerned policymakers, as well as for lawyers working with any aspect of media.


Book Synopsis Media Pluralism and European Law by : Ewa Komorek

Download or read book Media Pluralism and European Law written by Ewa Komorek and published by Kluwer Law International B.V.. This book was released on 2012-12-01 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although there appears to be no firm legal basis in the Treaties for EU legislative action aimed specifically at protecting media pluralism, this book opens a number of promising avenues along which a viable legal regime protecting media pluralism may be achieved in the EU. With particular focus on broadcasting, the book examines existing (albeit fragmented) legislative and regulatory measures in competition law and other areas that contribute to this goal, and sets forth ways to strengthen monitoring and transparency, generate ‘soft law with hard statements’, introduce a ‘pluralism test’ in the EU Merger Regulation, promote more public service media, and foster media literacy. Among many other issues arising in the course of the discussion, the author describes and elucidates the following: various types of integration of media companies and the different ways they affect pluralism and diversity; limitations of must-carry rules and principles of interoperability; the diverging priorities of different European organizations, institutions and bodies; and contradictory lobbying efforts from industry actors. The author places herself on the culture side of the culture/commodity dilemma, showing why it is vital for regulators to preserve media pluralism by counteracting excessive media concentration and safeguarding quality and diversity of content. In this era which is transforming media and communications industries worldwide, with an ever-increasing plethora of delivery means without respect to national borders, this book is an essential resource for regulators and other concerned policymakers, as well as for lawyers working with any aspect of media.

Media Freedom and Pluralism

Media Freedom and Pluralism

Author: Beata Klimkiewicz

Publisher: Central European University Press

Published: 2010-05-10

Total Pages: 364

ISBN-13: 615521185X

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Addresses a critical analysis of major media policies in the European Union and Council of Europe at the period of profound changes affecting both media environments and use, as well as the logic of media policy-making and reconfiguration of traditional regulatory models. The analytical problem-related approach seems to better reflect a media policy process as an interrelated part of European integration, formation of European citizenship, and exercise of communication rights within the European communicative space. The question of normative expectations is to be compared in this case with media policy rationales, mechanisms of implementation (transposing rules from EU to national levels), and outcomes.


Book Synopsis Media Freedom and Pluralism by : Beata Klimkiewicz

Download or read book Media Freedom and Pluralism written by Beata Klimkiewicz and published by Central European University Press. This book was released on 2010-05-10 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses a critical analysis of major media policies in the European Union and Council of Europe at the period of profound changes affecting both media environments and use, as well as the logic of media policy-making and reconfiguration of traditional regulatory models. The analytical problem-related approach seems to better reflect a media policy process as an interrelated part of European integration, formation of European citizenship, and exercise of communication rights within the European communicative space. The question of normative expectations is to be compared in this case with media policy rationales, mechanisms of implementation (transposing rules from EU to national levels), and outcomes.