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Remedies in Network Industries; EC Competition Law Vs. Sector-specific Regulation

Paperback, blz. |
Intersentia | e druk, 2004
ISBN13: 9789050953900
Hoofdrubriek : Juridisch
Juridisch :
Intersentia e druk, 2004 9789050953900
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Over the last decade, the European Union has undertaken major marketopening reforms in the area of network industries. The liberalization process has now been completed in the air transport and electronic communications sectors and has achieved considerable progress in other network industries, such as postal services, energy (electricity and gas), and rail transport. Creating competition in network industries is not an easy matter, however. Because they benefit from certain advantages such as large inital market share and control of essential facilities, incumbents typically retain substantial market power in a number of relevant markets and may even use their position to prevent others from engineering such markets. Controlling market power is thus one of a number of key concerns in network industries. It can be achieved in two main ways; either through the adoption and implementation of sector-specific rules or through the application of competition rules. There are advantages and disadvantages to both options, but it is a combination ot the two that genrally prevents incumbents from abusing their market power in liberalized markets. Competition law and sector-specific regulation provide for the application of remedies on incumbents or other operators holding significant market power. Such remedies are either structural or a behavioural. In some occasions the will apply ex ante, while in others ex post. This book comprises a collection of outstandig essays dealing with the complex legal and economic issues raised by remedies in network industries. While some of these essays analyse remedies from a generic point of view, others focus on specific remedies applied specifically in particular sectors. The sectors covered in this volume include electronic communication, postal services, energy (electricity and gas), and air transport. The final paper also presents a discussion of the United States approach to remedies in network industries.



Over Damien Geradin

Damien Geradin is Professor of Competition Law & Economics at Tilburg University (the Netherlands) and the Founding Partner of Geradin Partners, a Brussels-based boutique law firm specialized in EU competition law and intellectual property law.

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        Remedies in Network Industries; EC Competition Law Vs. Sector-specific Regulation