Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Sector‐specific regulation in European electronic communications – meant to disappear?

Sector‐specific regulation in European electronic communications – meant to disappear? 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. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png info Emerald Publishing

Sector‐specific regulation in European electronic communications – meant to disappear?

info , Volume 7 (1): 16 – Feb 1, 2005

Loading next page...
 
/lp/emerald-publishing/sector-specific-regulation-in-european-electronic-communications-meant-JvBn9H25AF
Publisher
Emerald Publishing
Copyright
Copyright © 2005 Emerald Group Publishing Limited. All rights reserved.
ISSN
1463-6697
DOI
10.1108/14636690510578243
Publisher site
See Article on Publisher Site

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.

Journal

infoEmerald Publishing

Published: Feb 1, 2005

Keywords: European law; Communication technologies; Telecommunications; Regulation

References