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Essential Facilities Doctrine Under Ec Competition Law And Particular Implications Of The Doctrine For Telecommunications Sectors In Eu And Turkey
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Book Synopsis ESSENTIAL FACILITIES DOCTRINE UNDER EC COMPETITION LAW AND PARTICULAR IMPLICATIONS OF THE DOCTRINE FOR TELECOMMUNICATIONS SECTORS IN EU AND TURKEY. by :
Download or read book ESSENTIAL FACILITIES DOCTRINE UNDER EC COMPETITION LAW AND PARTICULAR IMPLICATIONS OF THE DOCTRINE FOR TELECOMMUNICATIONS SECTORS IN EU AND TURKEY. written by and published by . This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study, the origin and main parameters of the Essential Facilities Doctrine are analysed through the case-law that developed out of the application of the EC Competition Rules. Besides putting forward the historical roots, the basic criteria and limitations that apply to the Doctrine are elaborated so as to clarify the legal and analytical foundations of the Doctrine in the EU context. In addition, the added value attributed to the Doctrine in realm of competition policies pursued in network-based industries is expounded with special emphasis on telecommunications sectors. With this regard, the potential role of EFD against the challenging effects of c︡onvergence’ phenomenon and the technological changes is discussed. At last, the effects of EFD on the competitive dynamics of Turkish telecommunications sector which is undergoing a liberalisation process are also examined with the accompanied Turkish case-law.
Book Synopsis Access to Bottleneck Telecommunications Facilities and the Doctrine of Essential Facilities in EC Competition Law by : Ricardo Manuel Xavier De Sá Bordalo Junqueiro
Download or read book Access to Bottleneck Telecommunications Facilities and the Doctrine of Essential Facilities in EC Competition Law written by Ricardo Manuel Xavier De Sá Bordalo Junqueiro and published by . This book was released on 2001 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis EC Competition Law - The Essential Facilities Doctrine by : Veronica Hagenfeldt
Download or read book EC Competition Law - The Essential Facilities Doctrine written by Veronica Hagenfeldt and published by GRIN Verlag. This book was released on 2011-03-30 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scientific Essay from the year 2009 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, University of Edinburgh (School of Law), course: EC Competition Law, language: English, abstract: The first aim of this paper is to establish the Essential Facilities Doctrine’s (EFD) undeniable existence in EC law and to determine how its application has evolved over time by analysing the relevant case law. By outlining the legal theory of the EFD, Part I shows that the Doctrine is a well-established competition law remedy within the refusal to supply framework of Article 82 EC. This paper argues that the EFD should be an exceptional measure, only applied after careful balancing of the dominant undertaking’s freedom of contract and right to property against the potential benefits to consumer welfare. By investigating how the EFD has been applied practically in refusal to supply case law, the second half of Part I identifies the different criteria under which refusal to grant access to an essential facility was deemed to constitute an abuse, and concludes that the circumstances in which the EFD was initially applied were not consistent. It is submitted that it was not until the Bronner Judgment that the EU institutions began applying the EFD to refusal to supply cases within a coherent and sufficiently strict legal framework. Part II will deal with the second aim of this essay, namely to evaluate the legal evolution of the Doctrine’s controversial application to Intellectual Property Rights (IPRs). Because compulsory licensing of IPRs can have grave negative repercussions on innovation and consumer welfare, this paper maintains that the EFD’s application to IPRs should be exceptional and subject to the strictest of conditions. It accordingly supports the notion that IPRs require special deference in comparison to physical property rights, and notes that the EFD is applied to IPRs under stricter legal standards than when applied to other property rights. The second half of Part II investigates the Doctrine’s application to refusal to licence cases. This paper identifies that there has recently been a significant and regrettable attenuation of the abovementioned stricter standards since the criteria of the exceptional circumstances test under which the EFD results in compulsory licensing have been indefensibly widened following the landmark Microsoft Judgment.
Book Synopsis The Essential Facility Doctrine in EC Competition Law by :
Download or read book The Essential Facility Doctrine in EC Competition Law written by and published by . This book was released on 1995 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis EC Competition and Telecommunications Law by : Christian Koenig
Download or read book EC Competition and Telecommunications Law written by Christian Koenig and published by Kluwer Law International B.V.. This book was released on 2009-03-27 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new volume updates the groundbreaking analysis of its first edition in 2002, when the EC common regulatory framework for electronic communications networks and services had just entered into force. So much has changed in the intervening years that that this new edition bears little resemblance to its predecessor, with every chapter either extensively altered or entirely new. It remains, however, the most detailed and comprehensive overview available of the application of the EC Treaty’s competition rules in the markets for telecommunications and audiovisual media, and of the applicable regulatory framework. In thirteen chapters, each contributed by one or more noted legal authorities in the field, the second edition of EC Competition and Telecommunications Law covers the full range of EC telecommunications law across all major areas of both institutional and substantive law, both on the international and EC levels, including the following: State aid; the merger control regulation; justification for sector-specific regulation in EC competition law; network access; authorizations and privileges; and mobile telephony. Relevant EC media and communications law and relevant aspects of EC competition law are dealt with in detail. While some chapters focus on competition law, others deal primarily with sector-specific regulation. There is practical guidance throughout on procedural matters, alongside analysis of the substantive provisions. Well-known in its first edition, this thoroughly revised and updated version continue to be vital reading for practitioners, in particular those specializing in European competition law and for company and in-house lawyers who are seeking advice on how European law affects their business. As a detailed analysis of the basic legislative and regulatory framework of European telecommunications law, it will be an invaluable reference work for lawyers, judges, regulators, and policymakers in all the EC Member States, as well as for students and teachers of European law.
Book Synopsis The Application of the Essential Facilities Doctrine to the Telecommunications Sector by : Magali Foidart
Download or read book The Application of the Essential Facilities Doctrine to the Telecommunications Sector written by Magali Foidart and published by . This book was released on 1996 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Competition Law and Sector Specific Rules in European Energy Sector by : Michael D. Diathesopoulos
Download or read book Competition Law and Sector Specific Rules in European Energy Sector written by Michael D. Diathesopoulos and published by . This book was released on 2014 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper aims at highlighting the Commission's approach towards the relation between sector specific regulation and general competition law, especially concerning energy markets and the road to Internal Market objective.We firstly present Trinko case, in order to focus on two crucial and relevant to our analysis issues: essential facilities doctrine and the relation between sector regulation and competition law. Our intention is to offer a basis for comparison and counterarguments concerning EU approach towards these issues. After showing how Trinko case addressed these issues, we examine the relevant points of view of European Competition Authorities and ECJ. Concerning Essential Facilities Doctrine, we show how a similar to the American approach was established and how Commission and ECJ eventually formed a very flexible -in comparison to the American- and open to third parties, system for access to facilities. Futhermore, we note that recent regulation - Third Energy Package - tries to address this issue by sector specific rules, instead of general antitrust law. One other major conclusion is that in EU, Commission applies competition law, in order to address issues fitting to sector regulation in a possibly stricter way than sector regulation does - for example Third Energy Package offers many alternatives to full ownership unbundling, while Commission's decisions actually present it as a single option; thus Commission tries to implement a sector specific policy by competition law means and methodology and especially by commitments procedure - a procedure that allows Commission to avoid ECJ investigation. We seek the reasons that lead to this approach and we highlight the weak points of it, while we also explain why far-reaching structural remedies may not be acceptable under competition law framework. We also use facts from other markets that opened to competition before energy, such as telecommunications, in order to recognise similar approaches and their results.Finally, we conclude that the recent Commission's approach may eventually lead to a dualistic system - possibly dangerous and inefficient as well - of addressing energy market's issues; a dualistic system that will fully reveal its possibly negative consequences after the Third Energy Package comes into force.
Book Synopsis Competition Aspects of Interconnection Agreements in the Telecommunications Sector by : European Commission
Download or read book Competition Aspects of Interconnection Agreements in the Telecommunications Sector written by European Commission and published by . This book was released on 1995 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1. Executive summary - 2.background - 3.comparative approaches to interconnection and competition - 4.analogous cases and situations in different industries - 5.Competition implications of interconnection issues - 6.application of the competition rules to interconnection agreements.
Book Synopsis EC Competition Law and Telecommunications by : Susan Singleton
Download or read book EC Competition Law and Telecommunications written by Susan Singleton and published by . This book was released on 1999 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers up-to-date guidance and information through the heavily regulated and legislatively complicated telecommunications sector after European telecoms liberalisation.
Book Synopsis Article 82 EC and Access to Essential Facilities in EC Telecommunications by :
Download or read book Article 82 EC and Access to Essential Facilities in EC Telecommunications written by and published by . This book was released on 2004 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Multi-dimensional Approaches Towards New Technology by : Ashish Bharadwaj
Download or read book Multi-dimensional Approaches Towards New Technology written by Ashish Bharadwaj and published by Springer. This book was released on 2018-07-23 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators.
Book Synopsis Competition Law of the European Union by : Van Bael & Bellis
Download or read book Competition Law of the European Union written by Van Bael & Bellis and published by Kluwer Law International B.V.. This book was released on 2021-03-01 with total page 1618 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.
Book Synopsis Telecommunications Regulation Handbook by : Hank Intven
Download or read book Telecommunications Regulation Handbook written by Hank Intven and published by . This book was released on 2000 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika
Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Book Synopsis The Merger Control Review by : Ilene Knable Gotts
Download or read book The Merger Control Review written by Ilene Knable Gotts and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Turkish Competition Law by : Gönenç Gürkaynak
Download or read book Turkish Competition Law written by Gönenç Gürkaynak and published by . This book was released on 2021-11-24 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gönenç Gürkaynak illuminates the entirety of Turkish competition law in the first such treatise of its kind, spanning across the historical roots of legislation, policy, and institutions, to substantive aspects, enforcement, and procedure. All components of the law are individually discussed, with extensive references to essential case law that are further enriched by the author's vast experience in the field. The book provides a comprehensive and in-depth analysis of the competition law regime in Turkey, against the backdrop of the country's international commitments, as well as recent amendments to the law. The book is an essential guide for practitioners and academics alike, and for all interested in the future of Turkish competition law in a globalized economy. For its comparative analysis and insights, it is of value to the entire competition community.
Book Synopsis Global Trends 2040 by : National Intelligence Council
Download or read book Global Trends 2040 written by National Intelligence Council and published by Cosimo Reports. This book was released on 2021-03 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The ongoing COVID-19 pandemic marks the most significant, singular global disruption since World War II, with health, economic, political, and security implications that will ripple for years to come." -Global Trends 2040 (2021) Global Trends 2040-A More Contested World (2021), released by the US National Intelligence Council, is the latest report in its series of reports starting in 1997 about megatrends and the world's future. This report, strongly influenced by the COVID-19 pandemic, paints a bleak picture of the future and describes a contested, fragmented and turbulent world. It specifically discusses the four main trends that will shape tomorrow's world: - Demographics-by 2040, 1.4 billion people will be added mostly in Africa and South Asia. - Economics-increased government debt and concentrated economic power will escalate problems for the poor and middleclass. - Climate-a hotter world will increase water, food, and health insecurity. - Technology-the emergence of new technologies could both solve and cause problems for human life. Students of trends, policymakers, entrepreneurs, academics, journalists and anyone eager for a glimpse into the next decades, will find this report, with colored graphs, essential reading.
