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Fusionskontrolle in dynamischen Netzsektoren am Beispiel des Breitbandkabelsektors: zugleich ein kritischer Beitrag zur Kartellrechtsdogmatik des Bundeskartellamts nach Iesy/Ish und TC/Ish und sektorspezifischen Regulierungskonsistenz seitens der Bundesnetzagentur


  • Abrar, Kamyar


The working report looks at the actual situation of the German broadband cable market in the context of merger control and sector specific regulation. A crucial problem in dealing with the cable market whether in antitrust cases or in the regulatory context is the precise assessment of the economic conditions, especially the arguable question if the network has still characteristics of a natural monopoly still a common argument in network industries. The report therefore uses the basic concept of the disaggregated identification of network-specific market power. The unique structure of the German broadband cable industry with its horizontal and vertical separation of the distribution network shows a highly contestable market with elements of competitive franchise bidding. On the other hand the cable market is suffering from that separation due to problems of inefficiency, especially in times of dynamic changes in communications with powerful intermodal competitors like Deutsche Telekom AG (DTAG) with an innovative IPTV infrastructure. To this date these market characteristics have been ignored.

Suggested Citation

  • Abrar, Kamyar, 2006. "Fusionskontrolle in dynamischen Netzsektoren am Beispiel des Breitbandkabelsektors: zugleich ein kritischer Beitrag zur Kartellrechtsdogmatik des Bundeskartellamts nach Iesy/Ish und TC/Ish und sektors," Frankfurt School - Working Paper Series 75, Frankfurt School of Finance and Management.
  • Handle: RePEc:zbw:fsfmwp:75

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    References listed on IDEAS

    1. Evelyn Hayden & Daniel Porath & Natalja Westernhagen, 2007. "Does Diversification Improve the Performance of German Banks? Evidence from Individual Bank Loan Portfolios," Journal of Financial Services Research, Springer;Western Finance Association, vol. 32(3), pages 123-140, December.
    2. Kane, Edward J, 1977. "Good Intentions and Unintended Evil: The Case against Selective Credit Allocation," Journal of Money, Credit and Banking, Blackwell Publishing, vol. 9(1), pages 55-69, February.
    3. Baz,Jamil & Chacko,George, 2004. "Financial Derivatives," Cambridge Books, Cambridge University Press, number 9780521815109, March.
    4. Broecker, Thorsten, 1990. "Credit-Worthiness Tests and Interbank Competition," Econometrica, Econometric Society, vol. 58(2), pages 429-452, March.
    5. Alex Stomper, 2006. "A Theory of Banks' Industry Expertise, Market Power, and Credit Risk," Management Science, INFORMS, vol. 52(10), pages 1618-1633, October.
    6. Kane, Edward J, 1981. "Accelerating Inflation, Technological Innovation, and the Decreasing Effectiveness of Banking Regulation," Journal of Finance, American Finance Association, vol. 36(2), pages 355-367, May.
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    Cited by:

    1. Herrmann-Pillath Carsten, 2014. "Naturalizing Institutions: Evolutionary Principles and Application on the Case of Money," Journal of Economics and Statistics (Jahrbuecher fuer Nationaloekonomie und Statistik), De Gruyter, vol. 234(2-3), pages 388-421, April.
    2. Herrmann-Pillath, Carsten, 2011. "Making sense of institutional change in China: The cultural dimension of economic growth and modernization," Frankfurt School - Working Paper Series 181, Frankfurt School of Finance and Management.
    3. Behley, Dustin & Leyer, Michael, 2011. "Evaluating concepts for short-term control in financial service processes," Frankfurt School - Working Paper Series 183, Frankfurt School of Finance and Management.
    4. Kostka, Genia & Moslener, Ulf & Andreas, Jan G., 2011. "Barriers to energy efficiency improvement: Empirical evidence from small-and-medium sized enterprises in China," Frankfurt School - Working Paper Series 178, Frankfurt School of Finance and Management.

    More about this item


    Bottleneck; broadband cable; consumer surplus approach; contestable markets; disaggregated approach; efficiency analysis; essential facility; franchise bidding; market definition; market dominance; market power; merger control; network effects; open field approach; regulation; remedies and conditions; telecommunication networks; total welfare standard;

    JEL classification:

    • K19 - Law and Economics - - Basic Areas of Law - - - Other
    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law


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