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

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  • de Streel, Alexandre

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).

Suggested Citation

  • de Streel, Alexandre, 2008. "Current and future European regulation of electronic communications: A critical assessment," Telecommunications Policy, Elsevier, vol. 32(11), pages 722-734, December.
  • Handle: RePEc:eee:telpol:v:32:y:2008:i:11:p:722-734
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    Cited by:

    1. Howell, Bronwyn, 2012. "Competition and Regulation Policy in Antipodean Government-Funded UltraFast Fibre Broadband Markets," Working Paper Series 4133, Victoria University of Wellington, The New Zealand Institute for the Study of Competition and Regulation.
    2. repec:vuw:vuwscr:18774 is not listed on IDEAS
    3. Howell, Bronwyn, 2011. "Competition and Regulation Policy in Antipodean Government-Funded Ultrafast Broadband Network Markets," Working Paper Series 19206, Victoria University of Wellington, The New Zealand Institute for the Study of Competition and Regulation.
    4. Xia, Jun, 2012. "Competition and regulation in China's 3G/4G mobile communications industry—Institutions, governance, and telecom SOEs," Telecommunications Policy, Elsevier, vol. 36(7), pages 503-521.
    5. Pontarollo, Enzo & Gerli, Paolo, 2014. "Catch me if you can: The interplay between the incumbent and the regulator in the Italian telecommunications market," 25th European Regional ITS Conference, Brussels 2014 101413, International Telecommunications Society (ITS).
    6. Xia, Jun, 2012. "Reprint of: Competition and regulation in China's 3G/4G mobile communications industry—Institutions, governance, and telecom SOEs," Telecommunications Policy, Elsevier, vol. 36(10), pages 798-816.
    7. Martin Cave & Christos Genakos & Tommaso Valletti, 2019. "The European Framework for Regulating Telecommunications: A 25-year Appraisal," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 55(1), pages 47-62, August.
    8. Medeisis, Arturas & Minervini, Leo Fulvio, 2013. "Stalling innovation of Cognitive Radio: The case for a dedicated frequency band," Telecommunications Policy, Elsevier, vol. 37(2), pages 108-115.
    9. repec:vuw:vuwscr:19242 is not listed on IDEAS
    10. Polykalas, Spyros E. & Prezerakos, George N., 2015. "Measuring the impact of market competition analysis process in EU׳s electronic communications sector: Catalyst or impediment towards market competition?," Telecommunications Policy, Elsevier, vol. 39(3), pages 241-252.
    11. Man Li Rita Yi & Yu Li Herru Ching & Mak Cho Kei & Chan Po Kei, 2016. "Rationales for the Implementation of Competition Law in EU, the US and Asia: Content Analysis and Data Visualization Approach," Asian Journal of Law and Economics, De Gruyter, vol. 7(1), pages 63-100, April.
    12. repec:vuw:vuwscr:19206 is not listed on IDEAS
    13. de Kervenoael, Ronan & Palmer, Mark & Hallsworth, Alan, 2013. "From the outside in: Consumer anti-choice and policy implications in the mobile gaming market," Telecommunications Policy, Elsevier, vol. 37(6), pages 439-449.
    14. Jacques Pelkmans & Andrea Renda, 2010. "Single eComms Market? No Such Thing..," Bruges European Economic Policy Briefings 22, European Economic Studies Department, College of Europe.
    15. 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.
    16. Howell, Bronwyn E. & Potgieter, Petrus H., 2020. "Politics, policy and fixed-line telecommunications provision: Insights from Australia," Telecommunications Policy, Elsevier, vol. 44(7).
    17. Jacques PELKMANS & Andrea RENDA, 2011. "Single eComms Market? No Such Thing…," Communications & Strategies, IDATE, Com&Strat dept., vol. 1(82), pages 21-42, 2nd quart.
    18. Howell, Bronwyn, 2012. "Competition and Regulation Policy in Antipodean Government-Funded UltraFast Fibre Broadband Markets," Working Paper Series 19242, Victoria University of Wellington, The New Zealand Institute for the Study of Competition and Regulation.
    19. Howell, Bronwyn, 2011. "Competition and Regulation Policy in Antipodean Government-Funded Ultrafast Broadband Network Markets," Working Paper Series 4099, Victoria University of Wellington, The New Zealand Institute for the Study of Competition and Regulation.
    20. Shen, Wei, 2012. "Deconstructing the myth of Alipay Drama—Repoliticizing foreign investment in the telecommunications sector in China," Telecommunications Policy, Elsevier, vol. 36(10), pages 929-942.
    21. Howell, Bronwyn, 2012. "Competition and Regulation Policy in Antipodean Government-Funded UltraFast Fibre Broadband Markets," Working Paper Series 18774, Victoria University of Wellington, The New Zealand Institute for the Study of Competition and Regulation.

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