Abuse of Dominant Position in the Electronic Communications Sector

Beschreibung

The first essential part of the present research focuses on the European Commission policy towards a "more economic approach" in the application of Article 102 TFEU. On the ground of substantial case law analysis, the thesis analyzes the impact of the new policy approach in the anti-trust and regulatory field. The study draws attention to the Commission's enforcement of abuse of dominant position in general and in one specific sector - the electronic communications - in particular. While on the one hand, supra-competitive prices in correlation with abusive behaviour are generally considered as sufficient evidence of anti-competitive market foreclosure, it is shown that even an objective justification in the form of increasing output, decreasing prices ans sustained innovation may not escape the prohibition of abuse of dominant position if the conduct under investigation is a part of an anti-competitive strategy. In the area of German law on telecommunications, the dissertation emphasizes the fact that before enacting national policies for stimulating innovation, their adequacy must be strictly assessed by means of the objectives stipulated in the respective EU law. In this context, the EU competion law, the perception of new markets and the regulatory framwork for electronic communications are discussed. The second part of the thesis examines the interaction of an anti-trust policy and sector-specific regulation of Electronic Communications in Germany, Slovenia and Macedonia. it also considers the functional separation as an exceptional remedy and as a solution for the persistent competition problems.

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Pencho Kuzev

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Anti-Trust-Gesetzgebung Deutsche Telekom AG Europäische Kommission Europäischer Gerichtshof GWB Marktbeherrschung Marktregulierung Netzagentur TFEU TKG Telefónica Telekommunikation Wettbewerbsrecht

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