Table of Contents

Chapter I Introduction
1.1 Introduction and aim
1.2 Background
1.3 The economic problem
1.4 The policy problem
1.5 The institutional aspect of the problem
1.6 The internal market aspect
1.7 Problem statement and research questions
Chapter 2 Analytical Framework
2.1 Introduction
2.2 Market entry in the electronic communications sector
2.3 Overall taxonomy
2.4 The substantive impact of regulation, including regulatory costs and spillover effects
2.5 Analytical approach at the governance level
2.6 Sector regulation and the link with competition law
2.7 Conclusions
Chapter 3 Regulatory intervention in the electronic communications sector
3.1 Introduction
3.2 Why intervene
3.3 Market power, welfare and efficiency
3.4 Problems of efficient intervention
3.5 Specific aspects of network industries and problems particular to regulation in the
electronic communications sector
3.6 Further insights from the literature on access and interconnection
3.7 Specific aspects of the electronic communications sector – broader policy and
competition issues
3.8 Problems specific to the EU internal market
Chapter 4 The economic and historical context of regulatory reform in the electronic
communications sector
4.1 Introduction
4.2 Regulatory history in the electronic communications sector
4.3 The link between market developments and regulatory stages in Europe
4.4 The 1998 regulatory framework
4.5 The new 2003 regulatory framework
4.6 Comparison of the old and new regulatory frameworks
4.7 The role and reform of EU competition policy
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Chapter 5 Market organization, contracts and regulation under the NRF)
5.1 Introduction
5.2 Market structure and technological change
5.3 Barriers to entry and market organisation
5.4 Convergence, competition and vertical integration
5.5 Vertical integration, regulation and contracting
5.6 Implications for regulation in the electronic communications sector, including
structural separation
5.7 Conclusions
Chapter 6 Regulatory coordination and agency interactions in an EU context
6.1 Introduction
6.2 Regulation, governance, efficiency and accountability
6.3 State of play after the first three years of applying the new approach
6.4 Implementation, enforcement and dispute resolution under the NRF
6.5 Interactions between national and EU authorities under the NRF
6.6 Strategic interactions over the regulatory cycle
6.7 Modeling the leadership and co-ordination role of the EU
6.8 Conclusions
6.9 Annex Modeling regulatory coordination in an EU context
6.10 Annex Article Financial Times February 2003 – Attempts to influence markets
subject to regulation in the new regulatory framework
Chapter 7 Strategic interactions between authorities at national and EU level and the coordination of regulation
7.1 Introduction
7.2 Strategic interests in the co-ordination of regulation under the NRF
7.3 Collective action problems and their possible resolution
7.4 Interactions between national authorities and possible equilibria
7.5 Multiple jurisdictions and sequential moves
7.6 Uncertainty and intervention by a mediator
7.7 Regulatory types and coordination
7.8 Coordination, pay-offs and the veto system
7.9 Coordination and policy evolution – the example of spectrum policy
7.10 Implications and conclusions
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Chapter 8 The new regulatory approach applied to the mobile sector
8.1 Introduction
8.2 Development of the European mobile sector
8.3 Assessing the size of single market effects in the mobile area
8.4 The problem solving capacity of the NRF in the mobile sector
8.5 Problems related to mobile interconnection
8.6 The EU single market and mobile roaming services
8.7 Mobile access competition
8.8 Conclusions
Chapter 9 The new regulatory approach and the development of broadband services
9.1 Introduction
9.2 The market situation for broadband in Europe
9.3 Single market aspects and lessons from the initial development of broadband
9.4 Regulatory intervention and competition in the broadband market
9.5 Regulatory intervention and entry modes
9.6 Market analysis and the link with competition law
9.7 Conclusions and implications
9.8 Annex – Broadband access with respect to population and households
9.9 Annex – Evidence concerning the ladder of investment in France
Chapter 10 The new approach in the face of market and technological changes
10.1 Introduction
10.2 Market definition and selection under the NRF in the context of technological change
10.3 The robustness of the NRF and VoIP
10.4 Fixed-mobile convergence
10.5 Network investments and upgrades including fibre
10.6 Conclusions
Chapter 11 Summary and Conclusions
11.1 Background and summary
11.2 Conclusions concerning the analytical framework
11.3 Conclusions on the research questions
11.4 Concluding recommendations
References
Summary/Samenvatting

Abstract

This thesis investigates the effect of linking sector regulation with competition law in the electronic communications sector in the European Union. It examines two questions. The first is whether, on balance, aligning sector regulation with competition law helps or hinders the achievement of specified regulatory objectives such as improved market structures and economic efficiency. The second question is whether linking sector regulation and competition law is a good way of achieving regulatory coordination and consistency across EU member states. The main finding is that it was unwise to link sector regulation and competition law in such a tight methodological and institutional fashion.

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