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Functional or structural separation to deal with vertical foreclosure effects in the electronic communications industry, pending the Second British Telecoms Review (2015)

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  • Congedo, Pierluigi

Abstract

The paper tackles the discussion about vertical separation in the electronic communications sector, in its two main forms functional and structural. The author will argue how mandatory structural separation under certain conditions could be a possible option. The evidence is provided by the analysis of recent commitment decisions adopted by the European Commission in the energy sector, and by structural separation undertakings signed in Australia and New Zealand in the past few years. The paper considers the theoretical background, such as the various forms of separation identified by the OECD in 2001 and 2011, but also the current discussion around the Second Telecoms Review (2005-2015) in the United Kingdom.

Suggested Citation

  • Congedo, Pierluigi, 2015. "Functional or structural separation to deal with vertical foreclosure effects in the electronic communications industry, pending the Second British Telecoms Review (2015)," MPRA Paper 69619, University Library of Munich, Germany.
  • Handle: RePEc:pra:mprapa:69619
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    File URL: https://mpra.ub.uni-muenchen.de/69619/1/MPRA_paper_69619.pdf
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    Keywords

    vertical structural separation; functional separation; regulation; abuse; dominance; essential facilities; commitments; electronic communications;

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • L1 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance
    • L12 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Monopoly; Monopolization Strategies
    • L4 - Industrial Organization - - Antitrust Issues and Policies
    • L43 - Industrial Organization - - Antitrust Issues and Policies - - - Legal Monopolies and Regulation or Deregulation
    • L44 - Industrial Organization - - Antitrust Issues and Policies - - - Antitrust Policy and Public Enterprise, Nonprofit Institutions, and Professional Organizations
    • L9 - Industrial Organization - - Industry Studies: Transportation and Utilities
    • L95 - Industrial Organization - - Industry Studies: Transportation and Utilities - - - Gas Utilities; Pipelines; Water Utilities
    • L96 - Industrial Organization - - Industry Studies: Transportation and Utilities - - - Telecommunications

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