The Assessment of Collective SMP: Lessons Learned from the First Round of Market Review

First Annual Conference on Competition and Regulation in Network Industries, Brussels, November 28, 2008

22 Pages Posted: 2 Dec 2008  

Liyang Hou

Shanghai Jiao Tong University (SJTU) - KoGuan Law School

Date Written: December 1, 2008

Abstract

The legal uncertainty in the application of collective dominance by competition authorities under EU competition law raises an interesting question on how its equivalent concept, collective significant market power, should be employed by the national regulatory authorities in the context of the EU 2003 Regulatory Framework in the electronic communications sector. This article aims to shed some light on the implementation of collective significant market power from an empirical point of view. It will first examine the decisions of the European Commission that involve the assessment of collective significant market power under Article 7 of the Framework Directive in the first round of market review, and then provide a general overview of the application of collective significant market power based on these decisions, following a four-step analysis: (1) conduciveness to tactic coordination, (2) ability and incentives to detect deviation, (3) ability and incentive to retaliate, and (4) an SMP position.

Keywords: Collective Significant Market Power, Collective Dominance, Electronic Communications Regulation, Competition Law, European Union

Suggested Citation

Hou, Liyang, The Assessment of Collective SMP: Lessons Learned from the First Round of Market Review (December 1, 2008). First Annual Conference on Competition and Regulation in Network Industries, Brussels, November 28, 2008. Available at SSRN: https://ssrn.com/abstract=1309684 or http://dx.doi.org/10.2139/ssrn.1309684

Liyang Hou (Contact Author)

Shanghai Jiao Tong University (SJTU) - KoGuan Law School ( email )

Huashan Road 1954
Xuhui District
Shanghai, Shanghai 200030
China
+86-21-6293-4632 (Phone)

HOME PAGE: http://law.sjtu.edu.cn/TeacherDetail123.aspx

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