Competition Problems in Liberalized Telecommunications

Competition Problems in Liberalized Telecommunications

Author: Milena Stoyanova

Publisher: Kluwer Law International B.V.

Published: 2008-01-01

Total Pages: 362

ISBN-13: 9041127364

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This innovative study of the role of competition law in the telecommunications industry starts from a classic perspective: While, in principle, regulation benefits social welfare and efficient allocation of resources, past regulatory experience shows that regulation can be flawed and lead to welfare harm rather than good. In the telecommunications industry specifically, inappropriately designed sector-specific remedies and regulatory delays in the introduction of new telecommunications services can hold up the development of the market towards effective competition and could incur considerable welfare losses. In addition, conventional antitrust analysis still lags behind the dynamic nature of the electronic communications markets. Milena Stoyanova sets out to establish a new understanding of the role of sector-specific regulation and competition law enforcement in the electronic communications sector, addressing such questions as the following: and• Why a new regulatory framework? and• Are sectoral regulation and competition law enforcement mutually exclusive or complementary? and• Why should electronic communications markets be regulated to conform to competition law principles? and• What does competition law add to sector-specific regulation? and• What is the relationship or proportion between regulation and competition law enforcement? An overview of the telecommunications liberalization process initiated at European Community level reveals such problems as a divergent approach of national regulatory authorities in the application of one and the same norms, inability of competition authorities to rightly assess the technicalities underlying a competition problem, and difficulty in carrying out a periodical oversight of compliance with the competition law remedies. The author discusses the legal basis and rationale for the application of the essential facility doctrine to the electronic communications sector, and argues for new regulatory responses to the emergence of collective dominant firms in an oligopolistic setting and to the potential of multifirm conduct to restrict competition through price squeezing and other tactics. The book concludes with a specific case study on the harmonisation of recent Bulgarian legislation with the European Community sector-specific and competition law regimes andà propos the electronic communications sector. Effective competition in the electronic communications market is crucial for securing the dynamic role of the entire information and communications technologies sector, of which electronic communications form the largest segment. The sound and well-informed recommendations in this book ably address common and persistent problems, making Competition Problems in Liberalized Telecommunications a forward-looking mainstay for practitioners and other professionals involved in all aspects of the field.


Book Synopsis Competition Problems in Liberalized Telecommunications by : Milena Stoyanova

Download or read book Competition Problems in Liberalized Telecommunications written by Milena Stoyanova and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative study of the role of competition law in the telecommunications industry starts from a classic perspective: While, in principle, regulation benefits social welfare and efficient allocation of resources, past regulatory experience shows that regulation can be flawed and lead to welfare harm rather than good. In the telecommunications industry specifically, inappropriately designed sector-specific remedies and regulatory delays in the introduction of new telecommunications services can hold up the development of the market towards effective competition and could incur considerable welfare losses. In addition, conventional antitrust analysis still lags behind the dynamic nature of the electronic communications markets. Milena Stoyanova sets out to establish a new understanding of the role of sector-specific regulation and competition law enforcement in the electronic communications sector, addressing such questions as the following: and• Why a new regulatory framework? and• Are sectoral regulation and competition law enforcement mutually exclusive or complementary? and• Why should electronic communications markets be regulated to conform to competition law principles? and• What does competition law add to sector-specific regulation? and• What is the relationship or proportion between regulation and competition law enforcement? An overview of the telecommunications liberalization process initiated at European Community level reveals such problems as a divergent approach of national regulatory authorities in the application of one and the same norms, inability of competition authorities to rightly assess the technicalities underlying a competition problem, and difficulty in carrying out a periodical oversight of compliance with the competition law remedies. The author discusses the legal basis and rationale for the application of the essential facility doctrine to the electronic communications sector, and argues for new regulatory responses to the emergence of collective dominant firms in an oligopolistic setting and to the potential of multifirm conduct to restrict competition through price squeezing and other tactics. The book concludes with a specific case study on the harmonisation of recent Bulgarian legislation with the European Community sector-specific and competition law regimes andà propos the electronic communications sector. Effective competition in the electronic communications market is crucial for securing the dynamic role of the entire information and communications technologies sector, of which electronic communications form the largest segment. The sound and well-informed recommendations in this book ably address common and persistent problems, making Competition Problems in Liberalized Telecommunications a forward-looking mainstay for practitioners and other professionals involved in all aspects of the field.


Towards Competition in Network Industries

Towards Competition in Network Industries

Author: Paul J.J. Welfens

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 574

ISBN-13: 3642601898

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Competition in network industries faces particular problems which are analyzed from both a theoretical and policy perspective. Issues of vertical integration, deregulation and privatization are covered. While competition and privatization are rapidly unfolding in telecommunications in Western and Eastern Europe, energy and railway transportation represent sectors of more gradual liberalization. The different market characteristics of telecommunications, energy and transportation raise consistency problems in the fields of deregulation, investment strategies and internationalization. While transformation policies create opportunities for liberalization in Eastern Europe and Russia the latter shows critical problems in ending monopoly and state ownership. Network industries could be subject to competition and promise major investment opportunities plus consumer benefits.


Book Synopsis Towards Competition in Network Industries by : Paul J.J. Welfens

Download or read book Towards Competition in Network Industries written by Paul J.J. Welfens and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition in network industries faces particular problems which are analyzed from both a theoretical and policy perspective. Issues of vertical integration, deregulation and privatization are covered. While competition and privatization are rapidly unfolding in telecommunications in Western and Eastern Europe, energy and railway transportation represent sectors of more gradual liberalization. The different market characteristics of telecommunications, energy and transportation raise consistency problems in the fields of deregulation, investment strategies and internationalization. While transformation policies create opportunities for liberalization in Eastern Europe and Russia the latter shows critical problems in ending monopoly and state ownership. Network industries could be subject to competition and promise major investment opportunities plus consumer benefits.


The Liberalisation of the Telecommunications Sector in Sub-Saharan Africa and Fostering Competition in Telecommunications Services Markets

The Liberalisation of the Telecommunications Sector in Sub-Saharan Africa and Fostering Competition in Telecommunications Services Markets

Author: Rachel Alemu

Publisher: Springer

Published: 2018-02-02

Total Pages: 389

ISBN-13: 366255318X

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This study investigates whether the existing regulatory framework governing the telecommunications sector in countries in Sub-Saharan Africa effectively deals with emerging competition-related concerns in the liberalised sector. Using Uganda as a case study, it analyses the relevant provisions of the law governing competition in the telecommunications sector, and presents three key findings: Firstly, while there is comprehensive legislation on interconnection and spectrum management, inefficient enforcement of the legislation has perpetuated concerns surrounding spectrum scarcity and interconnection. Secondly, the legislative framework governing anti-competitive behaviour, though in line with the established principles of competition law, is not sufficient. Specifically, the framework is not equipped to govern the conduct of multinational telecommunications groups that have a strong presence in the telecommunications sector. Major factors hampering efficient competition regulation include Uganda’s sole reliance on sector-specific competition rules, restricted available remedies, and a regulator with limited experience of enforcing competition legislation. The weaknesses in the framework strongly suggest the need to adopt an economy-wide competition law. Lastly, wireless technology is the main means through which the population in Uganda accesses telecommunications services. Greater emphasis should be placed on regulating conduct in the wireless communications markets.


Book Synopsis The Liberalisation of the Telecommunications Sector in Sub-Saharan Africa and Fostering Competition in Telecommunications Services Markets by : Rachel Alemu

Download or read book The Liberalisation of the Telecommunications Sector in Sub-Saharan Africa and Fostering Competition in Telecommunications Services Markets written by Rachel Alemu and published by Springer. This book was released on 2018-02-02 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study investigates whether the existing regulatory framework governing the telecommunications sector in countries in Sub-Saharan Africa effectively deals with emerging competition-related concerns in the liberalised sector. Using Uganda as a case study, it analyses the relevant provisions of the law governing competition in the telecommunications sector, and presents three key findings: Firstly, while there is comprehensive legislation on interconnection and spectrum management, inefficient enforcement of the legislation has perpetuated concerns surrounding spectrum scarcity and interconnection. Secondly, the legislative framework governing anti-competitive behaviour, though in line with the established principles of competition law, is not sufficient. Specifically, the framework is not equipped to govern the conduct of multinational telecommunications groups that have a strong presence in the telecommunications sector. Major factors hampering efficient competition regulation include Uganda’s sole reliance on sector-specific competition rules, restricted available remedies, and a regulator with limited experience of enforcing competition legislation. The weaknesses in the framework strongly suggest the need to adopt an economy-wide competition law. Lastly, wireless technology is the main means through which the population in Uganda accesses telecommunications services. Greater emphasis should be placed on regulating conduct in the wireless communications markets.


Telecommunications Liberalization on Two Sides of the Atlantic

Telecommunications Liberalization on Two Sides of the Atlantic

Author: Martin Cave

Publisher: Brookings Institution Press

Published: 2004-06-23

Total Pages: 99

ISBN-13: 0815798784

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A Brookings Institution Press and American Enterprise Institute publication The 1990s witnessed a major revolution in telecommunications policy in North America and Europe. The electronics revolution swept the world, and most countries began to realize that they could not compete in many markets without a vibrant, competitive telecommunications sector. As a result, the European Union, Canada, and the United States launched major new liberalization policies aimed at opening all telecommunications markets to competition. This report presents two views of the progress towards competition—one for North America and one for Europe. The authors provide an overview of the market structure on both continents prior to the 1990s, discuss significant regulatory changes during that decade, and analyze changes in rate structures and competition that have occurred since liberalization. They conclude with a look at the present and future impact of the Internet and other new technologies on the telecommunications industry.


Book Synopsis Telecommunications Liberalization on Two Sides of the Atlantic by : Martin Cave

Download or read book Telecommunications Liberalization on Two Sides of the Atlantic written by Martin Cave and published by Brookings Institution Press. This book was released on 2004-06-23 with total page 99 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Brookings Institution Press and American Enterprise Institute publication The 1990s witnessed a major revolution in telecommunications policy in North America and Europe. The electronics revolution swept the world, and most countries began to realize that they could not compete in many markets without a vibrant, competitive telecommunications sector. As a result, the European Union, Canada, and the United States launched major new liberalization policies aimed at opening all telecommunications markets to competition. This report presents two views of the progress towards competition—one for North America and one for Europe. The authors provide an overview of the market structure on both continents prior to the 1990s, discuss significant regulatory changes during that decade, and analyze changes in rate structures and competition that have occurred since liberalization. They conclude with a look at the present and future impact of the Internet and other new technologies on the telecommunications industry.


Overcoming Obstacles to Liberalization of the Telecom Sector in Estonia, Poland, the Czech Republic, Slovenia, and Hungary

Overcoming Obstacles to Liberalization of the Telecom Sector in Estonia, Poland, the Czech Republic, Slovenia, and Hungary

Author: Robert Bruce

Publisher: World Bank Publications

Published: 1999-01-01

Total Pages: 48

ISBN-13: 9780821345153

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This study emerges from discussions with representatives of the World Bank and high-level representatives of government and the telecommunications services industry in Hungary, Estonia, Poland, the Czech Republic, Slovenia, and Hungary. It considers the problems inherent with the liberalization of the telecom sector. This publication is a Technical Paper sponsored by the Poverty Reduction and Economic Management Network of the World Bank's Europe and Central Asia Division. It is part of a comprehensive series regarding the many important factors that influence European Union (EU) accession in the Central and East European countries (CEEC). The topics in the series cover both the social and economic aspects of accession across a broad range of sectors. The series also provides background information for specific acceding countries. These publications will be of interest to EU member and candidate countries, their ministries, and any one studying the accession issue.


Book Synopsis Overcoming Obstacles to Liberalization of the Telecom Sector in Estonia, Poland, the Czech Republic, Slovenia, and Hungary by : Robert Bruce

Download or read book Overcoming Obstacles to Liberalization of the Telecom Sector in Estonia, Poland, the Czech Republic, Slovenia, and Hungary written by Robert Bruce and published by World Bank Publications. This book was released on 1999-01-01 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study emerges from discussions with representatives of the World Bank and high-level representatives of government and the telecommunications services industry in Hungary, Estonia, Poland, the Czech Republic, Slovenia, and Hungary. It considers the problems inherent with the liberalization of the telecom sector. This publication is a Technical Paper sponsored by the Poverty Reduction and Economic Management Network of the World Bank's Europe and Central Asia Division. It is part of a comprehensive series regarding the many important factors that influence European Union (EU) accession in the Central and East European countries (CEEC). The topics in the series cover both the social and economic aspects of accession across a broad range of sectors. The series also provides background information for specific acceding countries. These publications will be of interest to EU member and candidate countries, their ministries, and any one studying the accession issue.


Telecommunications and Energy in Systemic Transformation

Telecommunications and Energy in Systemic Transformation

Author: Paul J.J. Welfens

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 506

ISBN-13: 3642605192

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Paul J. J. Welfens and George Yarrow A. Telecommunications in Western Europe: Liberalization, Technological Dynamics and Regulatory Developments 9 Paul J. J. Welfens and Cornelius Graack 1. Introduction 9 2. Liberalization and Market Expansion in Telecommunications 12 2. 1 Global Forces in Telecoms Liberalization 19 2. 2 Privatization and Deregulation in Western Europe 22 2. 3 Politico-economic Deregulation Pressures 26 3. Technological Dynamics 30 3. 1 Digitization 31 3. 2 Integrated Services Digital Network 33 3. 3 Fibre Optics, Fibre to the Home and Optical Networks 35 3. 4 Mobile Communications 38 4. Regulatory Developments 40 4. 1 Regulatory Developments on the EC Level 41 4. 2 National Regulatory Frameworks: Developments and Experiences 46 4. 2. 1 Telecommunications Equipment 47 4. 2. 2 Value-added Services 49 4. 2. 3 Infrastructure 52 5. Prospects and Consequences for Central and Eastern Europe 72 Appendix 78 B. Telecommunications in Systemic Transformation: Theoretical Issues and Policy Options 85 Paul J. J. Welfens 1. Introduction 85 2. Points of Departure in Eastern Europe 90 2. 1 Structure of the Telecoms Industry in an East-West Perspective 94 2. 2 Telecoms Industry as a Strategic Industry for Systemic Transition 97 VI Telecommunications and Energy in Systemic Transformation 3. Theoretical Aspects of the Telecoms Industry 99 3. 1 Some Problems of Uniform Subscriber Pricing 99 3. 2 Competition, Natural Monopoly and Economies of Scope 102 3. 3 External Effects of Telecoms Network Expansion 109 3.


Book Synopsis Telecommunications and Energy in Systemic Transformation by : Paul J.J. Welfens

Download or read book Telecommunications and Energy in Systemic Transformation written by Paul J.J. Welfens and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paul J. J. Welfens and George Yarrow A. Telecommunications in Western Europe: Liberalization, Technological Dynamics and Regulatory Developments 9 Paul J. J. Welfens and Cornelius Graack 1. Introduction 9 2. Liberalization and Market Expansion in Telecommunications 12 2. 1 Global Forces in Telecoms Liberalization 19 2. 2 Privatization and Deregulation in Western Europe 22 2. 3 Politico-economic Deregulation Pressures 26 3. Technological Dynamics 30 3. 1 Digitization 31 3. 2 Integrated Services Digital Network 33 3. 3 Fibre Optics, Fibre to the Home and Optical Networks 35 3. 4 Mobile Communications 38 4. Regulatory Developments 40 4. 1 Regulatory Developments on the EC Level 41 4. 2 National Regulatory Frameworks: Developments and Experiences 46 4. 2. 1 Telecommunications Equipment 47 4. 2. 2 Value-added Services 49 4. 2. 3 Infrastructure 52 5. Prospects and Consequences for Central and Eastern Europe 72 Appendix 78 B. Telecommunications in Systemic Transformation: Theoretical Issues and Policy Options 85 Paul J. J. Welfens 1. Introduction 85 2. Points of Departure in Eastern Europe 90 2. 1 Structure of the Telecoms Industry in an East-West Perspective 94 2. 2 Telecoms Industry as a Strategic Industry for Systemic Transition 97 VI Telecommunications and Energy in Systemic Transformation 3. Theoretical Aspects of the Telecoms Industry 99 3. 1 Some Problems of Uniform Subscriber Pricing 99 3. 2 Competition, Natural Monopoly and Economies of Scope 102 3. 3 External Effects of Telecoms Network Expansion 109 3.


Telecommunication

Telecommunication

Author: Howard Williams

Publisher: IOS Press

Published: 1994

Total Pages: 164

ISBN-13: 9789051991925

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This work comprises the revised papers from the 8th European Communications Policy Research conference (CPR) in October 1993, incorporating the key elements emanating from the discussions.


Book Synopsis Telecommunication by : Howard Williams

Download or read book Telecommunication written by Howard Williams and published by IOS Press. This book was released on 1994 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work comprises the revised papers from the 8th European Communications Policy Research conference (CPR) in October 1993, incorporating the key elements emanating from the discussions.


Competition, Regulation, and Convergence

Competition, Regulation, and Convergence

Author: Sharon E. Gillett

Publisher: Routledge

Published: 1999-09-01

Total Pages: 354

ISBN-13: 1135661871

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The telecommunications industry has experienced dynamic changes over the past several years, and those exciting events and developments are reflected in the chapters of this volume. The Telecommunications Policy Research Conference (TPRC) holds an unrivaled place at the center of national public policy discourse on issues in communications and information. TPRC is one of the few places where multidisciplinary discussions take place as the norm. The papers collected here represent the current state of research in telecommunication policy, and are organized around four topics: competition, regulation, universal service, and convergence. The contentious competition issues include bundling as a strategy in software competition, combination bidding in spectrum auctions, and anticompetitive behavior in the Internet. Regulation takes up telephone number portability, decentralized regulatory decision making versus central regulatory authority, data protection, restrictions to the flow of information over the Internet, and failed Global Information Infrastructure initiatives. Universal service addresses the persistent gap in telecommunications from a socioeconomic perspective, the availability of competitive Internet access service and cost modeling. The convergence section concentrates on the costs of Internet telephony versus circuit switched telephony, the intertwined evolution of new services, new technologies, and new consumer equipment, and the politically charged question of asymmetric regulation of Internet telephony and conventional telephone service.


Book Synopsis Competition, Regulation, and Convergence by : Sharon E. Gillett

Download or read book Competition, Regulation, and Convergence written by Sharon E. Gillett and published by Routledge. This book was released on 1999-09-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The telecommunications industry has experienced dynamic changes over the past several years, and those exciting events and developments are reflected in the chapters of this volume. The Telecommunications Policy Research Conference (TPRC) holds an unrivaled place at the center of national public policy discourse on issues in communications and information. TPRC is one of the few places where multidisciplinary discussions take place as the norm. The papers collected here represent the current state of research in telecommunication policy, and are organized around four topics: competition, regulation, universal service, and convergence. The contentious competition issues include bundling as a strategy in software competition, combination bidding in spectrum auctions, and anticompetitive behavior in the Internet. Regulation takes up telephone number portability, decentralized regulatory decision making versus central regulatory authority, data protection, restrictions to the flow of information over the Internet, and failed Global Information Infrastructure initiatives. Universal service addresses the persistent gap in telecommunications from a socioeconomic perspective, the availability of competitive Internet access service and cost modeling. The convergence section concentrates on the costs of Internet telephony versus circuit switched telephony, the intertwined evolution of new services, new technologies, and new consumer equipment, and the politically charged question of asymmetric regulation of Internet telephony and conventional telephone service.


The Future of Telecommunications Industries

The Future of Telecommunications Industries

Author: Arnold Picot

Publisher: Springer Science & Business Media

Published: 2006-07-25

Total Pages: 194

ISBN-13: 3540325565

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This book contains the results of a symposium organized to ask what kind of future old and new players in the telecommunications industries will have given the dynamic changes in technologies and markets. The symposium combined perspectives from industrial practice and academic research originating from North America and Europe. Key issues featuring here are the technological drivers of change, changing market structures and business models, and the nature of future regulation on telecom markets.


Book Synopsis The Future of Telecommunications Industries by : Arnold Picot

Download or read book The Future of Telecommunications Industries written by Arnold Picot and published by Springer Science & Business Media. This book was released on 2006-07-25 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the results of a symposium organized to ask what kind of future old and new players in the telecommunications industries will have given the dynamic changes in technologies and markets. The symposium combined perspectives from industrial practice and academic research originating from North America and Europe. Key issues featuring here are the technological drivers of change, changing market structures and business models, and the nature of future regulation on telecom markets.


Dismantling the Telecoms Monopoly

Dismantling the Telecoms Monopoly

Author: Milena Atanassova Stoyanova

Publisher:

Published: 2005

Total Pages: 0

ISBN-13:

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Liberalization of the telecommunications sector in Bulgaria is not a one-act development but a process, which requires legislative and enforcement practice consistency and complementarity. Bulgaria has succeeded in securing modern and flexible legislative instruments to deal with the challenges facing liberalization of the telecommunications market. The liberalization strategy and sector's restructuring imply resort to 2 powerful tools: the ex ante regulatory policy, which aims at creating an equal level playing field for the emergence of competition and competition policy, which is vigilant about any attempts to prevent, restrict or distort competition. The main problem with the practical implementation of both policies lies on the institutional side. Whenever the institutions target one problem by their respective means, better coherence between regulatory and competition law remedies is likely to increase the success of achieving increased competitiveness of the industry and efficient competition in the medium and long term.


Book Synopsis Dismantling the Telecoms Monopoly by : Milena Atanassova Stoyanova

Download or read book Dismantling the Telecoms Monopoly written by Milena Atanassova Stoyanova and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberalization of the telecommunications sector in Bulgaria is not a one-act development but a process, which requires legislative and enforcement practice consistency and complementarity. Bulgaria has succeeded in securing modern and flexible legislative instruments to deal with the challenges facing liberalization of the telecommunications market. The liberalization strategy and sector's restructuring imply resort to 2 powerful tools: the ex ante regulatory policy, which aims at creating an equal level playing field for the emergence of competition and competition policy, which is vigilant about any attempts to prevent, restrict or distort competition. The main problem with the practical implementation of both policies lies on the institutional side. Whenever the institutions target one problem by their respective means, better coherence between regulatory and competition law remedies is likely to increase the success of achieving increased competitiveness of the industry and efficient competition in the medium and long term.