Search

The document examines challenges and innovations in telecommunications law, focusing on the European context. It highlights the importance of asymmetric regulation and ex ante identification of enterprises with substantial market power. The 2018 European Electronic Communications Code introduces pivotal changes, including co-investment agreements (Art. 76), aiming to foster cost and risk sharing among operators, benefiting smaller enterprises. Such agreements respond to the need for sustainable competition. Art. 72 introduces a new obligation: access to civil engineering infrastructures. This obligation can extend beyond the traditional market if necessary and proportionate to achieve competition and unhindered access objectives. The document emphasizes the regulations' efforts to balance the interests of economic operators and consumers, promoting competition and innovation in the telecommunications sector. [ABSTRACT FROM AUTHOR]

This article focuses on the interactions between the Digital Markets Act (DMA) and the laws and competition frameworks of Member States. Specifically, the article sets out three different interpretations on the text of articles 1 (5) and (6) of the DMA, which govern interactions between the DMA and national law and competition policy. The article identifies a narrow, broader, and broadest interpretation of the legal interests protected under the DMA. Each interpretation creates different harmonization effects. The article argues that the narrow and broader interpretations allow for significant divergence between national rules, creating the risk of regulatory fragmentation. The broadest interpretation would allow competition authorities and courts to weigh the interests protected in the DMA against national interests and create greater convergence of laws and competition policy in the Digital Single Market. The article also proposes ways forward for the implementation and enforcement of the DMA and national competition laws. [ABSTRACT FROM AUTHOR]

This article focuses on the principle of sincere cooperation in the antitrust enforcement field by analysing its two dimensions: the first one between public and private enforcement, the second one between the different actors of public enforcement. In particular, the article will consider, on the one hand, the cooperation between public enforcement by competition authorities (Commission and NCAs) and private enforcement by national courts envisaged by Regulation 1/2003 and by the Damages Directive and, on the other hand, the cooperation amongst competition authorities provided by Regulation 1/2003 and by the ECN+ Directive, with the aim of demonstrating how both dimensions of the principle of sincere cooperation play an essential role in order to ensure the efficiency and effectiveness of antitrust enforcement. [ABSTRACT FROM AUTHOR]