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Current and future European regulation of electronic communications: A critical assessment

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  • de Streel, Alexandre
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    Abstract

    The current European regulation for electronic communications has been applicable since 2003 and is currently under a review that should lead to new rules applicable by 2010. This paper aims to assess the implementation of the current regulation and the proposals for reform tabled by the European Commission. It is argued that those proposals go in the right direction but should go further. First, the regulatory framework should clearly state that the objectives of regulators are to maximise the long-term welfare of European citizens. Secondly, the main body of economic regulation--the so-called Significant Market Power regime--should be based on a strong test aiming to identify structural market problems that cannot be efficiently dealt with by competition law. Thirdly, possible remedies applicable by the regulators should include structural and technological components, provided that a strict cost benefit analysis is undertaken. Fourthly, the institutional design should be improved by better aligning the incentives of the National Regulatory Authorities with the dynamic nature of the markets, by improving the checks and balances (in particular those provided by national courts and European Commission), and by improving coordination amongst the institutions (the national regulators and the national Courts).

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    Bibliographic Info

    Article provided by Elsevier in its journal Telecommunications Policy.

    Volume (Year): 32 (2008)
    Issue (Month): 11 (December)
    Pages: 722-734

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    Handle: RePEc:eee:telpol:v:32:y:2008:i:11:p:722-734

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    Keywords: Electronic communications European Union Economic regulation Competition law Institutional design;

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    Cited by:
    1. Jacques Pelkmans & Andrea Renda, 2010. "Single eComms Market? No Such Thing..," Bruges European Economic Policy Briefings 22, European Economic Studies Department, College of Europe.
    2. Howell, Bronwyn, 2012. "Competition and Regulation Policy in Antipodean Government-Funded UltraFast Fibre Broadband Markets," Working Paper Series 2787, Victoria University of Wellington, The New Zealand Institute for the Study of Competition and Regulation.

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