Discrimination in International Mobile Roaming Regulation: Implications of WTO Law

High international mobile roaming charges have created concerns for consumers and regulators around the world, leading to discussion and activity in a range of international organizations as well as national and regional bodies, including in the course of ongoing negotiations. Policy-makers seem inclined to intervene in the market to reduce these charges, but the complexities of international telecommunications and the way in which roaming services are supplied present a barrier to a practicable regulatory solution at the local level. Proposals for bilateral agreements have therefore emerged in some jurisdictions, often involving capping wholesale roaming charges imposed by domestic telecommunications operators on foreign telecommunications operators from particular countries on a reciprocal basis. Before concluding any such agreement, governments must ensure that they fully consider their international trade obligations, including the most-favoured nation obligation in Article II of the World Trade Organization's General Agreement on Trade in Services. A potential violation of this obligation could be avoided if the roaming arrangement is carefully structured to ensure that it falls within the exception for economic integration in Article V of that agreement. The Author 2013. Published by Oxford University Press. All rights reserved., Oxford University Press.