This paper seeks to assess exactly where and how the network neutrality discussion taking place in the United States is relevant in the EU context, and thus where Europeans should be concerned. Secondly, where there is a concern, it looks to EC law to ascertain whether it already provides a...

Article 82 of the EC Treaty states that any abuse of a dominant position is prohibited, and mentions four examples of abuses: (i) directly or indirectly imposing unfair prices or other unfair trading conditions; (ii) limiting production or development to the prejudice of consumers; (iii) unequal...

This paper analyses and discusses the regulation of the DNS, i.e. the system of Internet unique identifiers. There is a widespread belief that this industry needs a regulator, be it a private one in which all stakeholders could be represented, or rather a public international one in which all...

This paper is a contribution to the 2nd edition of Craig and de Búrca, The Evolution of EU Law. It highlights key trends in EU law in the last ten to fifteen years, as regards the regulation of network industries and of services of general economic interest (SGEIs) more generally. Our central...

Most of the draft CFR (DCFR) concerns contract law, yet in Book VI the DCFR deals with another major component of private law which could not be ignored in the work of the Economic Impact Group (EIG). What the DCFR accurately if dryly defines as "noncontractual liability arising out of damage...

Why do we conduct Ex ante Evaluation of Legislation or regulation (EEL)? In the light of economic theories, this paper investigates a series of distinct and sometimes competing rationales or purposes for EEL. They include the mainstream economic rationale, i.e. improving the quality of...

Whilst there is widespread agreement in policy circles that fostering innovation should be a priority, there is far less consensus on what this entails and how to achieve this objective. This lack of consensus is echoed in the academic literature on innovation. In this paper, we seek to...

In dealing with applications for injunctive relief by the holders of FRAND-encumbered SEPs in the course of protracted licensing negotiations, any legal system faces the challenge of reaching the proper balance between predictability for stakeholders and differentiation between possible...

This report proposes some recommendations for a robust regulation of digital networks and services in the European Union. In particular, the report recommends: (i) to abandon separate legislative silos for the internet, audiovisual media and electronic communications and replace them with one...

While the traditional literature and the policy statements concerning standardization as such emphasize the benefits of standardization, the intellectual property and competition law literature and policymaking has been more critical of standardization. Intellectual property is relevant, as the...