The relationship between ex-ante regulation and traditional competition law principles in the electronic communications sector

Abstract

This dissertation examines the interplay between ex ante and ex post regulation in the electronic communications sector, from a European Union law standpoint. Its main objective is to illustrate how the two legal regimes relate and interact with one another from a substantive law perspective in order to address the goals set by the European Union, namely liberalization of the telecommunications markets which were characterized by state-owned monopolies in the majority of the Member States, and establishing a single and competitive market in this sector. This relationship between sector specific regulation and ex post competition law is firstly illustrated in Chapter one by an overview of the historical and legislative milestones that opened the telecommunications markets to competition. One can note that while the early initiatives to liberate the sector did not completely adopt a competition law-based approach the later reforms aligned the ex ante and ex post regimes. The interplay between the two regimes is then analyzed in more detail in the subsequent Chapters mainly with reference to the Market Definition Procedure, the notions of Significant Market Power and Dominance and lastly with regards to the Regulatory Obligations and Remedies. These Chapters illustrate how the Commission has adopted competition law principles within sector specific laws for the attainment of a common goal that is effective competition within the electronic communications sector. The dissertation concludes with an emphasis on the complementary nature of sector specific regulation and competition law and illustrates, even through practical examples, that although the former is applied a priori to the latter, the two legal systems complement one another and sector specific regulation is not imposed to the exclusion of competition law.