One often thinks of competition as a mechanism whereby undertakings are forced to answer more efficiently the needs of clients. One may wonder whether that system could be used to…
Abstract
One often thinks of competition as a mechanism whereby undertakings are forced to answer more efficiently the needs of clients. One may wonder whether that system could be used to organize the institutional environment. Competition already exists among states or regions, where it affects their capacity to attract investment or skilled workers. Could we go further and organise institutional competition among authorities within the same territory? Electronic communications provide a good case study, with the same competencies being attributed to regulators, competition authorities and judicial power.
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Colin Blackman, Paul Nihoul and Robert Queck
Reviews the articles up‐coming in this special issue of Info. Looks at the opening up of the European telecommunication markets and stresses this would not be limited to…
Abstract
Reviews the articles up‐coming in this special issue of Info. Looks at the opening up of the European telecommunication markets and stresses this would not be limited to communications as even non‐aligned markets would become free of excessive public intervention.
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Daniel Berhin, Frédéric Godart, Maya Jollès and Paul Nihoul
This paper aims to question the disappearance of sector‐specific regulation in European electronic communications markets.
Abstract
Purpose
This paper aims to question the disappearance of sector‐specific regulation in European electronic communications markets.
Design/methodology/approach
To show that sector‐specific regulation will remain, five arguments are developed based on different disciplines: law, economics, political science and sociology.
Findings
It is found that sector‐specific regulation has already been in place for 15 years and there is no concrete indication that it will end soon. Competition law has intrinsic limitations, which, arguably, do not make it possible for authorities to resort only to that body of the law to ensure a smooth functioning of the electronic communications markets. The balance of power in the EU leads to sector‐specific regulation being maintained in the years ahead as the ideal way for European institutions to intervene in electronic communications markets. The electronic communications market requires regulation going beyond competition law in order to ensure the realization of non‐economic purposes. The implementation of sector‐specific regulation might contribute to concentrating the electronic communications markets.
Practical implications
Contrary to the claims of the European institutions that sector‐specific regulation in the electronic communication markets will lose its relevance, this paper argues that it is likely to remain for the foreseeable future.
Originality/value
The paper shows that deregulating a sector is not an easy task and that ex ante regulation is a key legal instrument for the proper functioning of a market.
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Considers the future of telecommunications’ national regulatory authorities (NRAs), by way of analysing the European telecommunications regulatory framework. Examines the…
Abstract
Considers the future of telecommunications’ national regulatory authorities (NRAs), by way of analysing the European telecommunications regulatory framework. Examines the organization and functioning of NRAs, maintaining efficient performance of the required various tasks. Concludes an NRA is entrusted with “rule application” rather than with “rule making” tasks.