Who Controls Polish Transmission Masts? At the Intersection of Antitrust and Regulation

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dc.contributor.authorSage, Ewelina
dc.contributor.organizationCentre for Antitrust and Regulatory Studies, University of Warsawen
dc.date.accessioned2011-07-24T18:40:07Z
dc.date.available2011-07-24T18:40:07Z
dc.date.issued2010
dc.description.abstractThis paper will be devoted to the most acute point of intersection between sector specific regulation and the enforcement of competition law – a parallel scrutiny of the market position and behaviour of EMITEL TP, an incumbent infrastructure holder in the Polish broadcasting transmission field, by the national telecoms regulator and the antitrust authority. After presenting the relevant EU background, the discussion will focus on four basic factors that have influenced the relationship between antitrust and regulation in this case. The peculiarities of national legislation transposing the EU liberalisation package will be considered first, followed by the state of competition in Polish telecoms and the potential existence of prohibited market practices. Emphasis will be placed here on the use of the antitrust concept of relevant market definition in the framework of sector-specific regulation. The analysis will continue with an assessment of the differences between the two types of market intervention noted by the authorities in the context of a potential competence dispute. In conclusion, the need will be presented to shift the current focus placed on the separation of antitrust enforcement and regulation, which has made them both ineffective in achieving their purpose, towards that of their combination in order to facilitate the emergence of competition in the Polish broadcasting transmission services field.en
dc.description.epersonMichał Mijal
dc.identifier.urihttps://open.icm.edu.pl/handle/123456789/100
dc.language.isoenen
dc.publisherCenter for Antitrust and Regulatory Studiesen
dc.rightsUznanie autorstwa 3.0 Polskapl_PL
dc.rights.urihttp://creativecommons.org/licenses/by/3.0/pl/
dc.subjectantitrust enforcementen
dc.subjectector specific regulationen
dc.subjecttelecomsen
dc.subjectmarket 18en
dc.subjecttransmission infrastructureen
dc.subject‘relevant’ marketen
dc.subjectaccess to infrastructureen
dc.subjectco-operation proceduresen
dc.subjectprocedural intertwiningen
dc.titleWho Controls Polish Transmission Masts? At the Intersection of Antitrust and Regulationen
dc.typearticleen
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