The interaction of competition law and sector regulation : emerging trends at the national and EU level

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The interaction of competition law and sector regulation : emerging trends at the national and EU level

edited by Pier L. Parcu, Giorgio Monti, Marco Botta

Edward Elgar, c2022

  • : cased

Available at  / 2 libraries

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Includes bibliographical references and index

Description and Table of Contents

Description

This insightful book discusses the interaction of sector-specific regulation and competition policy. In particular, it identifies emerging trends and reflects on the nature of network regulation in the energy and telecom industries. Expert contributors examine the recent European Electronic Communications Code (EECC), as well the relevant regulatory framework in the electricity and pharmaceutical sectors. Chapters consider key topics, such as the recent antitrust investigations concerning the excessive price of off-patent drugs and the impact of digitalization on the future of network industries. The book also assesses several examples of the complex relationship between sector-specific regulation and competition policy; a relationship constantly swinging between complementarity and conflict. Providing a comparative analysis of EU competition policy at both the EU and national levels, this timely book will be a valuable resource for scholars and students of EU competition policy. It will also be beneficial for practitioners, specialising in the regulation of the telecom, energy and pharmaceutical industries.

Table of Contents

Contents: Preface xv List of abbreviations xvi 1 Introduction to The Interaction of Competition Law and Sector Regulation 1 Pier Luigi Parcu, Giorgio Monti and Marco Botta 2 Liberalizing network utilities: Economic principles and European regulatory experience 17 Martin Cave 3 Could ex ante regulation create incentives for anti-competitive behaviour? 35 Pietro Crocioni and Mateo Silos Ribas 4 Regulating connectivity: Linking the EU telecommunications framework to the digital future 63 Gera van Duijvenvoorde 5 Technology and the shifting boundaries of regulation and competition in the EU telecommunications sector 97 Pier Luigi Parcu and Maria Alessandra Rossi 6 The use of competition law as an instrument for re-assigning radio spectrum and energy resources 120 Goncalo Coelho 7 Recent EU and Italian trends in the energy sector: Failure to provide information as abusive conduct 144 Mario Siragusa and Alice Setari 8 Recent CJEU case law on excessive pricing cases 169 Giovanni Pitruzzella 9 Market power and process in considering excessive pricing: The saga of a century old pharmaceutical remedy, phenytoin sodium, sold in capsules 188 Adam Scott 10 Excessive pricing in pharmaceutical markets: Recent cases in Italy and in the EU 210 Margherita Colangelo 11 Excessive pricing of pharmaceuticals in EU law: Balancing competition, innovation and regulation 233 Ilan Akker and Wolf Sauter Index

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