The application of competition law under the new EU telecoms regime : a critical analysis

Abstract

The developments observed in the telecommunications markets have propelled the adoption of a new regime with a totally new focus. This has led to much debate as to how substantial the change is, and how far-reaching its implications are. The major change has been the shift towards a competition law approach, applying sectorspecific rules only where this is warranted by certain characteristics in the market defined according to competition law. This dissertation attempts to identify the import of these changes in the telecommunications regime, and how they will affect any analysis and regulation of the market. In particular, after tracing the passage from the old regime to the new, a brief description of the measures constituting the new framework will be given. After that, we shall proceed to discuss relevant market definition in the context of the new framework and its similarity with competition law principles. The next step will be to discuss the assessment of significant market power, and its similarity to the competition law concept of dominance, and how this is applied in the new framework. A discussion of the measures which may be imposed, and when, will ensue, outlining the powers of the National Regulatory Authorities in this regard. In the light of all this, an attempt will be made to decipher the best way forward in order for this new framework to achieve its stated aims.