Volume 49 (2012)

Volume 49 (2012) / Issue 6

José Carlos Laguna de Paz, 'What to keep and what to change in European electronic communications policy?' (2012) 49 Common Market Law Review, Issue 6, pp. 1951–1975


Almost fifteen years after full liberalization, electronic communications provide greater economic efficiency, innovation and consumer satisfaction. However, efforts should be made to improve the effective integration of operators, networks and services at European level.  At present, tuning ex ante regulation is better than alternatives, such as phasing out regulation or applying structural remedies. A more flexible approach could facilitate network competition at the deepest level at which it is effective and sustainable. That notwithstanding, market driven forces will not secure the deployment of next generation networks in large parts of the territory. To this end, remedies will need to be applied, taking care not to distort competition or to discourage the emergence of potential competitors. Keeping an open Internet, based on best-efforts transmission, does not exclude allowing network operators from applying reasonable traffic management practices.


Copyright © 2012 Kluwer Law International
All rights reserved

ISSN: 0165-0750
ID: COLA2012121