In this paper we will examine the issue of ownership unbundling and forced divestiture remedies imposed in a series of recent competition law cases of the energy market - examined in other papers - in relation to the possible existence of a series of legal obstacles. These energy market...

The European Union’s Digital Markets Act (DMA) initiative, which is set to introduce ex ante regulatory rules for “gatekeepers” in online platform markets, is one of the most important pieces of legislation to emanate from Brussels in recent decades. It not only has the potential to...

The aim of this research is to provide the basic parameters for a model for the definition of the relation between the general competition and sector specific frameworks and rules regarding the regulation of the Internal Energy Market, especially after the Third Energy Package. The research...

Politicians connected to elites who anticipated benefiting from the 1866 Post Roads Act overcame the problem of collective action and passed pro-consumer legislation over the objections of a concentrated economic interest. Mancur Olson's (1965, 1982) theory on the cost of collective action...

In recent years, the federal government's efforts to open up competitive electricity markets have transformed how we think about the regulation of energy. In many respects, the Federal Energy Regulatory Commission's (FERC) broad “deregulatory” efforts, which commenced in the 1990s, might...

The Opinion of Advocate General (‘AG’) Rantos in Servizio Elettrico Nazionale goes to the core of Article 102 TFEU. What is an abuse? What type of conduct is abusive? When does abusive conduct take place? What are the goals pursued by the prohibition of abuse of dominance, and who should be...

The European Court of Justice upheld the Roaming Regulation (717 2007), rejecting the challenge by the four largest mobile operators that the legal basis on Article 95 EC (now Article 115 TFEU) was invalid and that it violated the principles of proportionality and subsidiarity. The European...

The European Commission (EC) and the European Courts have being reaffirming in the Deutsche Telekom and Telefónica cases that guide-prices established by sector regulators upon electronic communications incumbents cannot per se exclude that conducts with anticompetitive foreclosure effects,...

Net neutrality, the principle of non-discrimination by Internet Service Providers (ISPs) between different kinds of Internet traffic and non-restriction of legal content, sites and platforms, has become increasingly prominent in telecommunications policy agendas in various countries. The debate...