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Asian Journal of Information and Communications 10(2)
Asian Journal of Information and Communications 10(2)

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Asian Journal of Information and Communications

Duplicative regulatory policy in telecommunication market Yeon Woo Shim

  • Page:85-99
  • 2019-05-02

This paper refers to the relationships between competition law and Sector-specific Rule and how those two rules interact regarding ex ante interventions through the national regulatory authorities or ex post interventions through the national competition authorities. This paper also focuses on the interaction especially, when vertically integrated firms sell inputs to competitors who also compete on a retail market, in a downstream market. Electronic Communications in EU provide legitimate mechanisms for the national regulatory authorities to intervene with controlling access and price in Telecommunications sectors. In telecommunications industries, although a wellestablished ex ante mechanism treats a market function, ex ante interventions on the basis of the sector-specific rule have some different aspects from ex post intervention based on competition law in terms of the regulatory objectives. The distinction between two interventions may give rise to duplicative regulations at the stage of implementation. The clear division of works at the stage of implementation may not only diminish institutional regulatory concerns but also encourage them to enable more consistent applications together. However, in the procedural aspects, the national regulatory authorities are able to impose obligations on incumbents, whereas the national competition authorities are unable to impose any obligation under competition law. This feature may result in some remedial problems, which may discourage to find a fair or correct price to the Commission and the Courts, and ultimately, an increase of false positive errors arising from the Commission and the Courts, at the stage of enforcement.

Keywords: competition, regulation, telecommunications

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