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This project is funded by the European Union

This project explores the EU regulatory framework for electronic communications, focusing on vocabulary, decision-making processes, and guidelines for determining significant market power.

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This project is funded by the European Union

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  1. This project is funded by the European Union EU regulatory framework for electronic communications - Framework Directive Richard Harris Independent EU telecommunications consultant ICTtrain workshop London 3-14 November 2008

  2. Agenda • Vocabulary • What’s the difference? • Who decides? • Which markets? • How do they decide? • Guidelines • Article 7 • What happened?

  3. Vocabulary 1 • Ex post: means “after the fact” It refers to measures taken after a problem has emerged to punish it and/or correct it. These laws apply to everyone. • Ex ante: means “before the fact” It refers to measures taken to prevent problems from happening. This kind of rule is exceptional.

  4. Vocabulary 2 • Significant market power: This phrase is not defined in the Directive but it is very important and occurs 5 times in the recitals and 10 times in the text. • It is always used in relation to “undertaking” which we considered earlier.

  5. What’s the difference Between the 2002 rules and the previous rules? In essence the previous rules divided the world into incumbents and new entrants. A fixed set of rather heavy ex ante rules were imposed on incumbents and very few rules on new entrants. Ex posterules apply to everyone automatically.

  6. What’s the difference 2 The 2002 rules divide the world into markets and assess each operator in respect of each market. The aim is to decide where and whether ex ante rules should be applied and, if so, what rules are needed. • See recital 27. What does “a given market” mean?

  7. Who decides? National regulatory authorities Who is this? See definitions in Article 2. “national regulatory authority” means the body or bodies charged by a Member State with any of the regulatory tasks assigned in this Directive and the Specific Directives

  8. How do they decide? See recital 28 In determining whether an undertaking has significant market power in a specific market, national regulatory authorities should act in accordance with Community law and take into the utmost account the Commission guidelines.

  9. Thank you for your attention dickharris@btinternet.com For more information: See - Europa web-site

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