Bavasso, Antonio; (2001) Communications in EU law: Antitrust, market power and public interest. Doctoral thesis (Ph.D), UCL (University College London).

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Abstract

Communications (including both telecommunications and television broadcasting) form one of the bases upon which a large portion of the future of our society is founded and is continuously evolving. There is a risk that in a liberalised (or liberalising) environment market power will replace the detrimental role of legal monopoly rights. This thesis explores to what extent antitrust law can provide an appropriate legal instrument to reconcile the protection of the public interest with the need for economic development in this sector in the European Union. Chapter I provides an overview of the policy factors informing the European institutions' actions in communications. Chapter II describes the relevant EU legislation. Another perspective of analysis of this sector is the notion of convergence between various forms of communications and the implications of this are examined throughout the study. Chapter III evaluates how market definitions apply in practice and highlights some differences between convergence as a general trend affecting the industry and the economic reality that informs the competition assessment. Chapter IV deals with various forms of market power and abuses of dominant position and examines how traditional doctrines can be applied to this converging sector. Communications are inextricably linked with the notion of access. In this respect Chapter V analyses the essential facilities doctrine, (a judicial doctrine originally developed in the US but now widely accepted under EC law), examines its application in EC law and provides a critical evaluation of it. Chapter VI examines the role of the Commission in shaping this industry through its powers in relation to concentrations, joint ventures, and the remedies imposed to authorise them. Finally Chapter VII analyses the sector from the perspective of the public interest and the changed nature of communications as a public service. This thesis, by describing the application of competition law to communications, demonstrates how the very existence of a system of competition law at EU level has determined an evolution of the concept of public service and outlines how this is likely to shape the future of this sector in Europe.

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