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
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
Gonçalo 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
