Friday, May 22, 2009
Posted by D. Daniel Sokol
Antonios G. Broumas, University of Athens, suggests Let's Abolish Telecommunications Law and Rely on Competition Law and Authorities. We have not had enough natural experiments on this but the one that I am familiar with, New Zealand, did not work out so well.
ABSTRACT: The model, which evolved in practice as the most appropriate for the regulation of the electronic communications sector, is based on the combination of sector specific regulation and competition law, put into effect by entities independent of states or market players. As the market is evolving towards a state of effective competition, concerns are raised over whether sector-specific regulation is still necessary and whether general competition law could guarantee effective regulation of its own accord. This paper questions the capacity of generic competition law to efficiently regulate the electronic communications sector and concludes instead in favour of the continuance of sector-specific regulation, oriented towards competition law principles, and independent (tele)communications agencies.