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Margin Squeeze In The Electronic Communications Sector
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Book Synopsis Margin Squeeze in the Electronic Communications Sector by : Anna Renata Pisarkiewicz
Download or read book Margin Squeeze in the Electronic Communications Sector written by Anna Renata Pisarkiewicz and published by Kluwer Law International B.V.. This book was released on 2018-06-22 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Margin squeeze is a form of abuse of a dominant position in which a vertically integrated company reduces the margin between the price charged to competitors and the price charged to consumers, which can have the effect of excluding a competitor from the market. In the decade or so since the liberalisation of network industries, margin squeeze has become a major source of concern among competition authorities and courts, particularly pronounced in the electronic communications sector. Because some of the adopted decisions show significant inconsistencies in approach, and legal certainty remains elusive in this area, this book which provides an extremely thorough analysis is both timely and of great practical value. The author provides an in-depth examination of margin squeeze allegations in the electronic communications sector with a view to developing a more advanced and comprehensive analysis of principles which should guide ex post assessment of margin squeeze. Issues and topics covered include: – scope of intervention in margin squeeze cases both for national regulatory and national competition authorities; – conditions for sanctioning margin squeeze under Article 102; – methodological and practical difficulties in identifying a margin squeeze; – methodology employed in margin squeeze cases and its regulatory aspects; – assessment of the ability and incentives of regulated firms to engage in a margin squeeze; and – situations when competition law is used to address the deficits of regulation and regulatory failures. It also includes a critical comparison of the vertical foreclosure analysis undertaken in margin squeeze cases with the approach adopted in the EU Non-Horizontal Merger Guidelines. Throughout the analysis, margin squeeze treatment in the European Union and its Member States is examined in light of the diverging approach adopted by the US Supreme Court. The increasing complexity of the electronic communications market can only further confound an already complex assessment of price squeezes, and one can expect that claims of anticompetitive margin squeeze in liberalised network industries will continue to be high on the enforcement agenda of competition authorities for years to come. In light of the need for a coherent, or at least predictable, sentencing policy to provide relative legal certainty, the research in this book proves invaluable. The analysis and conclusions discussed in this book will be welcomed by policymakers, regulators, and lawyers working in the areas of competition law and electronic communications law.
Book Synopsis Margin Squeeze in the Electronic Communications Sector: Critical Analysis of the Decisional Practice and Case Law by : Anna Renata Pisarkiewicz
Download or read book Margin Squeeze in the Electronic Communications Sector: Critical Analysis of the Decisional Practice and Case Law written by Anna Renata Pisarkiewicz and published by . This book was released on 2018 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Evolving Forms of Abusing Dominant Position in the Electronic Communications Sector by : Anna Renata Pisarkiewicz
Download or read book Evolving Forms of Abusing Dominant Position in the Electronic Communications Sector written by Anna Renata Pisarkiewicz and published by . This book was released on 2014 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: A margin squeeze is an exclusionary form of abuse of a dominant position that a vertically integrated firm can implement when it sells its upstream bottleneck input to its downstream competitors. Because it is vertically integrated, the dominant incumbent can reduce the margin between the input price charged to competitors and the retail price charged to end-users by either raising the price of the input and/or lowering the price of its retail product/services to such an extent that the remaining margin of profit is insufficient for its rivals to remain competitive. Although the scenario of margin squeeze seems to be rather simple, the underlying economic and legal theories are not. Consequently, detecting a margin squeeze requires competition authorities to apply a complex imputation test, which in turn requires various methodological choices that can determine the outcome of the investigation. The principal purpose of the dissertation is to determine whether the European Commission's margin squeeze decisions are consistent with EU case law. The dissertation examines two alternative hypotheses. Under hypothesis A, margin squeeze is presented as a deviation from the essential facilities doctrine, which could be seen as an expression of regulatory competition law. Hypothesis B assumes that it constitutes another form of vertical foreclosure, the main question then being under what exact conditions foreclosure is likely in network industries where the margin squeeze doctrine traditionally applies. Two conclusions follow from the analysis. First, margin squeeze constitutes another theory of vertical foreclosure, and accordingly cannot be seen as an unjustified deviation from refusal to deal and essential facilities cases. Second, to ensure that the theory of harm in margin squeeze cases is credible, competition authorities could enhance their current analytical framework by regularly reviewing various additional elements, in particular the extent to which the wholesale product is important for downstream competition.
Book Synopsis Competition Law and Regulation of the EU Electronic Communications Sector by : Liyang Hou
Download or read book Competition Law and Regulation of the EU Electronic Communications Sector written by Liyang Hou and published by Kluwer Law International B.V.. This book was released on 2012-09-01 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings satisfying definition and clarity to this field at last. Exploring the substantive differences between competition law and sector-specific regulation after the methodological integration, it presents the first detailed analysis of the many hundreds of notifications and Commission letters generated under the Article 7 procedure, identifying the most relevant cases dealing with market definition, market power, and remedies. It compares these decisions with relevant competition law cases and highlights elements with a bearing on sector-specific regulation. It also offers hugely valuable guidance through the vast amount of documents in the Commission’s CIRCA database. Topics and issues raised include the following: definition of product markets; delineation of geographic markets (including sub-national); different practices in relation to assessing single market power and collective market power; and competition problems such as refusal to deal, margin squeeze, non-price discrimination, and excessive pricing. There can be little doubt that this is the new reference point for researchers and practitioners in this domain. By systematically categorizing the concepts and legal criteria and building a solid theoretical framework on the intersection of competition law and sector-specific regulation, the author has created a resource that is sure to be welcomed by all those involved in regulation of electronic communications markets and network industries in general: academic scholars, telecommunications regulators at the EU and Member State levels, competition authorities, law firms specializing in IT/communications law, practitioners in IT and telecommunications companies, and consultants in the sector. The book will also prove very useful for scholars and practitioners in other parts of the world interested in comparing the EU system with their own.
Book Synopsis Margin Squeeze in the Telecommunications Sector by : Ramin Silvan Gohari
Download or read book Margin Squeeze in the Telecommunications Sector written by Ramin Silvan Gohari and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A margin squeeze occurs when a vertically integrated company, dominant in the supply of an indispensable upstream input, pursues a pricing policy which prevents downstream competitors from trading profitably, thereby leading to their ultimate exclusion from the downstream market.In the telecommunications sector, where large ex-State firms still enjoy considerable market power, margin squeeze has long been frequent. Interestingly, the United States and the European Union have tackled this problem in considerably different ways. Dismayed by the idea of an antitrust court intervening in a company's price setting, the US Supreme Court held that margin squeeze was exclusively the domain of regulation. Conversely, the Court of Justice of the European Union has endorsed a modern economics-based approach enabling competition authorities to engage in a coherent and verifiable antitrust assessment of the price differentials that potentially amount to a margin squeeze.This paper will argue that (1) the economics-based approach is the right solution in the European context, but that (2) this approach will only lead to convincing results if it includes a rigorous and transparent analysis of the effects on competition and consumers.
Book Synopsis Margin Squeeze in the Telecommunications Sector by :
Download or read book Margin Squeeze in the Telecommunications Sector written by and published by . This book was released on 2005 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Anti-Competitive Practice Triggered by Pro-Competitive Regulation by : Aarti Anand
Download or read book Anti-Competitive Practice Triggered by Pro-Competitive Regulation written by Aarti Anand and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberalization in the telecoms sector in the EU, launched in the late 1980s, implied inter alia an added obligation on the vertically integrated incumbent operator to grant potential entrants wholesale access to the natural monopoly elements of its network. There could thus be seen post liberalization, an unusual escalation in discriminatory practices by telecommunications operators, more so in what is known as 'margin squeezing' paralleling the positive results of progressive measures as they created a market structure wherein new entrants who sought to compete with incumbent operators, required, at the same time, access to their upstream inputs. Inevitably thereafter, competition law proceedings in this regard were launched in several Member States of the EU. The need to prevent this pricing practice became pressing also for the NRAs who were regulators of wholesale and retail telecommunications prices. The focus of the present paper, as against this backdrop, shall be on Margin Squeeze, incidences of which were seen in the EU Telecommunications Sector around the time of the advent of the 2002 Regulatory Framework. The paper is divided into two Parts. Part 1 gives a brief overview of the stream of changes ushered in by the liberalization process in the European telecommunications sector, discussing the positions immediately before and after it had begun; and Part 2, which is on the problem of margin squeeze abuses in the sector, consists, in essence, of a study of the issues that arose in the DT case, of the Decision delivered by the Commission, and general observations of the approach adopted by European courts in such cases.
Book Synopsis Methodology for an Ex-ante Margin Squeeze Test of Electronic Communications Products and Services Offered by Operators with Significant Market Power by : Danmark. IT- og Telestyrelsen
Download or read book Methodology for an Ex-ante Margin Squeeze Test of Electronic Communications Products and Services Offered by Operators with Significant Market Power written by Danmark. IT- og Telestyrelsen and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Business Value and Risk in the Presence of Price Controls by : Philipp N. Baecker
Download or read book Business Value and Risk in the Presence of Price Controls written by Philipp N. Baecker and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pricing rules specific to the German telecommunications market limit the incumbents flexibility, providing a competitive advantage to all other market participants. More specifically, the incumbent is required not to offer products to its end customers at prices below a predetermined level in order to prevent margin squeezes. In contrast, competitors can freely choose their pricing strategy. In this paper, we propose the imposition of equivalent price barriers on all market participants in order to avoid price margin squeezes and reduce regulatory discrimination at the same time. We tailor a duopoly model to the German context, integrating the regulation of access pricing and price margin squeezes. Under standard parameter assumptions, we demonstrate that no economically significant effects on the value of market participants are observed for the case of market wide price regulation. We conclude that adjusting the current regulatory framework can enhance competition and increase welfare.
Book Synopsis Enforcing Margin Squeeze Ex Post Across Converging Telecommunications Markets by : Christian Bergqvist
Download or read book Enforcing Margin Squeeze Ex Post Across Converging Telecommunications Markets written by Christian Bergqvist and published by . This book was released on 2015 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: A margin squeeze is an exclusionary abuse which occurs when a vertically integrated telecoms operator creates a disparity between upstream and downstream prices with the intention of squeezing an access competitor's profits. The purpose of such pricing is either to increase the latter's entry costs, delay profitability or limit their ability to remain or expand on markets. However, traditional market definitions are being challenged by (1) the technological convergence of services and (2) innovative product offerings taking advantage of this convergence. Consumers now routinely purchase a bundle of telecoms services with a single payment (known as "quad play"), including fixed and mobile voice calls, broadband connectivity, and premium broadcasting content. How should such unilateral conduct be assessed ex post by a competition authority under Article 102 TFEU? We suggest that convergence and innovation present both theoretical and practical difficulties for assessing "muddled margins" on telecoms markets. New and different enforcement approaches to exclusion will have to be formulated within the Article 102 framework and tested in the Courts. This may even require abstaining from applying Article 102 TFEU during material periods of convergence, and confining ex post enforcement activity to sector regulation, even when this is inferior for safeguarding effective competition.
Book Synopsis Ex-Ante Margin Squeeze Tests in the Telecommunications Industry by : Germain Gaudin
Download or read book Ex-Ante Margin Squeeze Tests in the Telecommunications Industry written by Germain Gaudin and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: We study the implementation of 'reasonably efficient operator' margin squeeze tests by National Regulatory Authorities in European telecommunications markets. We provide a theoretical framework in which we show how regulatory authorities deal with the asymmetries between entrants and incumbents by adjusting the 'equally efficient operator' margin squeeze test used in competition policy. Using this framework, we build a benchmark of implementation choices by inspecting authorities' guidelines, market analyses and decisions. We find that some implementation choices are very similar across authorities' decisions, whereas some others display a strong heterogeneity.
Book Synopsis The Reform of EC Competition Law by : Ioannis Kokkoris
Download or read book The Reform of EC Competition Law written by Ioannis Kokkoris and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a fresh approach to EC competition law - one that is of singular value in grappling with the huge economic challenges we face today. As a critical analysis of the law and options available to European competition authorities and legal practitioners in the field, it stands without peer. It will be greatly welcomed by lawyers, policymakers and other interested professionals in Europe and throughout the world.
Book Synopsis The Changing Postal Environment by : Pier Luigi Parcu
Download or read book The Changing Postal Environment written by Pier Luigi Parcu and published by Springer Nature. This book was released on 2020-04-06 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses major issues facing postal and delivery services throughout the world. Worldwide, there is currently a considerable amount of interest in postal and delivery economics. The industry is reacting to a state of near crisis and is implementing different drastic changes. The European Commission and member States are still wrestling with the problem of how to implement entry liberalization into postal markets, how to address digital competition, and how to maintain the Universal Service Obligation (USO). Digitalization, technological development and online platforms are strongly affecting both the way postal and delivery operators are managing their services, as well as their role on the market. Strong emphasis was attributed to the assets of Postal Operators (POs) and their added value in the digital age, as well as on new business strategies. This volume presents original essays by prominent researchers in the field, selected and edited from papers presented at the 27th Conference on Postal and Delivery Economics held in Dublin, Ireland, 22-25 May, 2019. Topics addressed by this volume include the fragmentation of the postal supply chain, blockchain and digital postal services, and the fading of traditional postal market boundaries. This book will be a useful tool not only for graduate students and professors, but also for postal administrations, consulting firms, and federal government departments.
Book Synopsis After the Damages Directive by : Andrea Biondi
Download or read book After the Damages Directive written by Andrea Biondi and published by Kluwer Law International B.V.. This book was released on 2022-01-11 with total page 973 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Competition Law Series [ICLS], Volume 89 Designed to deter anticompetitive conduct and to ensure full compensation for loss and damage caused by competition infringements, the Antitrust Damages Directive has become a crucial factor in companies’ risk management planning. This first book of its kind offers a comparative overview, practical and authoritative, of the implementation and application of private enforcement rules in each EU Member State as well as in the post-Brexit United Kingdom, covering legislation and case law to date. For leading jurisdictions where practice is already well developed, there are more detailed chapters, with perspectives of judges, competition authorities, practitioners, and economists. The contributors – all experts in the use of EU competition law in their respective jurisdictions – cover the provisions of the Directive in detail, including the following: requirement of full compensation; rules preventing overcompensation; court’s power to estimate damages that cannot be precisely quantified; joint and several liability for infringing undertakings; coordination between public and private enforcement; provisions related to passing-on; certain rules on admissibility of evidence; rules on limitation periods; and consensual dispute resolution. In its detailed explanations of shared best practices and its highlighting of opportunities for convergence, the book provides much-needed insight into judicial practice and thinking, the economic approaches and strategies relevant to damages, and the coordination between public and private enforcement. These expert views will prove invaluable for practitioners wishing to see how the law and practice might evolve in their own jurisdictions, as well as into the problems that have arisen or might arise in the future.
Book Synopsis Broadband Policies for Latin America and the Caribbean A Digital Economy Toolkit by : OECD
Download or read book Broadband Policies for Latin America and the Caribbean A Digital Economy Toolkit written by OECD and published by OECD Publishing. This book was released on 2016-06-22 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This joint initiative by the Inter-American Development Bank (IDB) and the OECD seeks to encourage the expansion of broadband networks and services in the region, supporting a coherent and cross-sectorial approach, to maximise their benefits for economic and social development.
Book Synopsis EU Competition Law by : Alison Jones
Download or read book EU Competition Law written by Alison Jones and published by Oxford University Press, USA. This book was released on 2014 with total page 1434 pages. Available in PDF, EPUB and Kindle. Book excerpt: A stand-alone guide to competition law, providing extracts from key cases, academic works, and legislation, along with incisive critique and commentary from two experts in the field.
Book Synopsis Law and Economics of Article 102 TFEU by : Robert O'Donoghue KC
Download or read book Law and Economics of Article 102 TFEU written by Robert O'Donoghue KC and published by Bloomsbury Publishing. This book was released on 2020-09-03 with total page 1608 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A reference book in this area of EU competition law and a must-have companion for academics, enforcers and practitioners alike, as well as EU and national judges.” Judge Nils Wahl, Court of Justice of the European Union This seminal text offers an authoritative and integrated treatment of the legal and economic principles that underpin the application of Article 102 TFEU to the behaviour of dominant firms. Traditional concerns of monopoly behaviour, such as predatory pricing, refusals to deal, excessive pricing, tying and bundling, discount practices and unlawful discrimination are treated in detail through a review of the applicable economic principles, the case law and decisional practice and more recent economic and legal writings. In addition, the major constituent elements of Article 102 TFEU, such as market definition, dominance, effect on trade and applicable remedies are considered at length. The third edition involves a net addition of over 250 pages, with a substantial new chapter on Abuses In Digital Platforms, an extensively revised chapter on standards, and virtually all chapters incorporating substantial revisions reflecting key cases such as Intel, MEO, Google Android, Google Shopping, AdSense, and Qualcomm.
