POPOVIC Dusan, préface d’Emmanuelle Claudel, LGDJ, coll. Bibliothèque de Droit international et communautaire, tome 122, 2009, 335 p.

Le droit de la concurrence et les communications électroniques

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Over the last twenty years, the electronic communications sector has undergone an unprecedented transformation in the European Union: a series of national monopolies has been replaced by a system based on free competition. This opening to competition has been achieved through the adoption of liberalisation and harmonisation measures under Articles 86 and 95 of the EC Treaty. However, the fact that electronic communications markets have become competitive does not exclude the possibility of anti-competitive behaviour by undertakings. Hence the value of analysing markets, which is possible both under sector-specific rules and under ordinary competition law. In sectoral law, the analysis of markets is based on the principles of competition law, but there are certain particularities since this analysis is always prospective. Indeed, the sectoral rules aim to prevent abusive behaviour and not to punish it. When ordinary competition law is applied in the electronic communications sector, there are also specificities because the dynamic expansion of this sector, as well as the convergence of technologies, have an influence on the analysis of the competent authorities.

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Bernadette Dukay, Le droit de la concurrence et les communications électroniques, December 2009, Concurrences N° 4-2009, Art. N° 29438, pp. 229-230

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