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Margin Squeeze In The Telecommunications 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 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 The Concurrent Application of Competition Law and Regulation by :
Download or read book The Concurrent Application of Competition Law and Regulation written by and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Competition Rules and Regulation in the Telecommunications Sector by : Margherita Colangelo
Download or read book Competition Rules and Regulation in the Telecommunications Sector written by Margherita Colangelo and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades the relationship between competition law and regulation has become a very controversial issue, in particular in respect of the interface between competition rules and sector-specific regulation in liberalized network industries. The paper examines the controversial practice of margin squeeze, engaging in a detailed analysis of the relevant US and EU case-law in regulated industries in order to conduct a tentative critical exploration of these respective approaches and to consider whether a reconciliation between such regimes is possible. Moreover, it aims at examining some relevant open issues related to price squeeze, particularly with regard to the concurrent application of competition rules and sector-specific regulation and the risks connected with the coexistence of different sets of rules and also of different competent authorities.
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 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 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 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 The Liberalisation of the Telecommunications Sector in Sub-Saharan Africa and Fostering Competition in Telecommunications Services Markets by : Rachel Alemu
Download or read book The Liberalisation of the Telecommunications Sector in Sub-Saharan Africa and Fostering Competition in Telecommunications Services Markets written by Rachel Alemu and published by Springer. This book was released on 2018-02-02 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study investigates whether the existing regulatory framework governing the telecommunications sector in countries in Sub-Saharan Africa effectively deals with emerging competition-related concerns in the liberalised sector. Using Uganda as a case study, it analyses the relevant provisions of the law governing competition in the telecommunications sector, and presents three key findings: Firstly, while there is comprehensive legislation on interconnection and spectrum management, inefficient enforcement of the legislation has perpetuated concerns surrounding spectrum scarcity and interconnection. Secondly, the legislative framework governing anti-competitive behaviour, though in line with the established principles of competition law, is not sufficient. Specifically, the framework is not equipped to govern the conduct of multinational telecommunications groups that have a strong presence in the telecommunications sector. Major factors hampering efficient competition regulation include Uganda’s sole reliance on sector-specific competition rules, restricted available remedies, and a regulator with limited experience of enforcing competition legislation. The weaknesses in the framework strongly suggest the need to adopt an economy-wide competition law. Lastly, wireless technology is the main means through which the population in Uganda accesses telecommunications services. Greater emphasis should be placed on regulating conduct in the wireless communications markets.
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 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 Antitrust Activism of the European Commission in the Telecommunications Sector by : Alexandre de Streel
Download or read book The Antitrust Activism of the European Commission in the Telecommunications Sector written by Alexandre de Streel and published by . This book was released on 2014 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper analyses the role of the European Commission in taking cases of abuse of dominance in the telecommunications sector since its liberalisation in 1998. The argument is that the Commission has played a very active antitrust role, in particular at the beginning of the liberalisation, and that its activism was blessed by the EU Courts. Indeed, the Courts see competition law as a complement, and not a substitute, to regulation. They have set a relatively low threshold for proving margin squeeze, the most common form of abuse in telecommunications; and they have allowed wide discretion to the Commission to deal with the inaction or failures of national regulatory authorities (NRAs).It is further submitted that such activism was justified in the early days of liberalisation when the telecommunications markets were still very concentrated, and when the NRAs were in their infancy and sometimes captured. However, this activism is less justified today because, on the one hand, competition in the sector has increased, and on the other hand most anticompetitive practices can be, and should be, addressed by the NRAs. Today, the Commission should instead concentrate on consolidating the expertise and the independence of the NRAs, and it should rely on its extensive oversight of NRA decisions to prevent violations of the competition law. The paper is divided into five sections. The first section reviews the main EU cases of abuse of dominance in the various telecoms segments. The next three sections deal with the main substantive and institutional issues raised by those cases. The second section describes the approaches of the Commission and the EU Courts on the relationship between competition law and sector-specific regulation. The third section analyses the tests established by EU Courts to control margin squeeze and refusal to deal in post-liberalised markets. It also compares them with the tests proposed by the Commission in its Guidance Paper on exclusionary abuses. The fourth section analyses the different uses made by the Commission of its antitrust powers in the telecoms sector, and their institutional implications. The fifth section concludes the paper.
Book Synopsis Competition Problems in Liberalized Telecommunications by : Milena Stoyanova
Download or read book Competition Problems in Liberalized Telecommunications written by Milena Stoyanova and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative study of the role of competition law in the telecommunications industry starts from a classic perspective: While, in principle, regulation benefits social welfare and efficient allocation of resources, past regulatory experience shows that regulation can be flawed and lead to welfare harm rather than good. In the telecommunications industry specifically, inappropriately designed sector-specific remedies and regulatory delays in the introduction of new telecommunications services can hold up the development of the market towards effective competition and could incur considerable welfare losses. In addition, conventional antitrust analysis still lags behind the dynamic nature of the electronic communications markets. Milena Stoyanova sets out to establish a new understanding of the role of sector-specific regulation and competition law enforcement in the electronic communications sector, addressing such questions as the following: and Why a new regulatory framework? and Are sectoral regulation and competition law enforcement mutually exclusive or complementary? and Why should electronic communications markets be regulated to conform to competition law principles? and What does competition law add to sector-specific regulation? and What is the relationship or proportion between regulation and competition law enforcement? An overview of the telecommunications liberalization process initiated at European Community level reveals such problems as a divergent approach of national regulatory authorities in the application of one and the same norms, inability of competition authorities to rightly assess the technicalities underlying a competition problem, and difficulty in carrying out a periodical oversight of compliance with the competition law remedies. The author discusses the legal basis and rationale for the application of the essential facility doctrine to the electronic communications sector, and argues for new regulatory responses to the emergence of collective dominant firms in an oligopolistic setting and to the potential of multifirm conduct to restrict competition through price squeezing and other tactics. The book concludes with a specific case study on the harmonisation of recent Bulgarian legislation with the European Community sector-specific and competition law regimes andà propos the electronic communications sector. Effective competition in the electronic communications market is crucial for securing the dynamic role of the entire information and communications technologies sector, of which electronic communications form the largest segment. The sound and well-informed recommendations in this book ably address common and persistent problems, making Competition Problems in Liberalized Telecommunications a forward-looking mainstay for practitioners and other professionals involved in all aspects of the field.
Book Synopsis Online Platforms and Vertical Integration by : Friso Bostoen
Download or read book Online Platforms and Vertical Integration written by Friso Bostoen and published by . This book was released on 2019 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: When competition authorities struggle to assess abusive practices by online multi-sided platforms, the issue does not appear to be defining markets or determining market power; rather, the difficulty is finding a fitting theory of abuse. In the search for such theories, one candidate has been overlooked: margin squeeze. This infringement has for the most part been confined to the telecom sector, but its potential reaches beyond. Indeed, the conduct of online platforms could force margin squeeze out of retirement. This article starts from the foundations of margin squeeze theory, laying out the core principles and addressing possible misconceptions. The article then investigates whether margin squeeze theory could be applied to online platforms with the help of three case studies (involving app stores, search engines and online marketplaces). Before concluding, it contemplates the idea of neutrality underlying margin squeeze and related policies such as network neutrality.
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:
