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#Tech, Media, Telecom

Convergence, consolidation, uncertainty: future-proofing electronic communications regulation

  • December 18, 2013
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POLICY PAPER | Convergence, consolidation, uncertainty: future-proofing electronic communications regulation

By forcing everyone in the industry to revise their strategy and go back to the drawing board, the current economic crisis has made the future of electronic communications in Europe more open than it has ever been in the last decade. Strategies currently being established carry more uncertainty than before.

Technological evolution is open. As a consequence demand is less predictable than it used to be since there are potentially many ways to satisfy customer needs, and the success of a new offering might depend as much on timing and marketing as on the strength of the underlying technology.

The supply structure is also more complex than before. So-called OTT players are now competing directly with traditional industry members, i.e. network operators, and fixed/mobile convergence is on the horizon, starting with bundled offers.

Taking account of the discussions (26 September 2013) this policy paper addresses the changing face of the internal market. It outlines the limits of regulatory fragmentation and the benefits of regulatory convergence. The mirage of a single EU authorization and the issue of level-playing field with OTTs are also discussed. In its conclusions, this CERRE Tech, Media, Telecom paper presents some policy trade-offs to be addressed at EU and Member State level.

Author(s)
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Pierre Larouche
Pierre Larouche
Research Fellow
and University of Montréal

Prof. Pierre Larouche holds the chair of Law and Innovation at Université de Montréal, where he also directs the PhD programme on Innovation, Science, Technology and Law.

A graduate of McGill University, Bonn University and Maastricht University and a law clerk at the Supreme Court of Canada, Pierre Larouche was Professor of Competition Law at Tilburg University (Netherlands) from 2002 to 2017. There he founded and directed the Tilburg Law and Economics Center (TILEC), one of the largest research centres on economic governance. He also conceived and launched the Bachelor Global Law, an innovative law degree inspired by his meta-comparative and inter-disciplinary method. In his capacity as Associate Dean, he led the LL.B. reform at Université de Montréal. Pierre Larouche also taught at the College of Europe (Bruges) (2004-2016), and he has been a guest professor or scholar at McGill University (2002), National University of Singapore (2004, 2006, 2008, 2011, 2013), Northwestern University (2009-2010, 2016-2017), Sciences Po (2012), the University of Pennsylvania (2015) and the Inter-Disciplinary Center (IDC, 2016).

Pierre Larouche’s research centers around economic governance, and in particular how law and regulation struggle to deal with complex phenomena such as innovation. An expert in competition law and civil liability, his works have been cited by the European Court of Justice and the UK Supreme Court, and they have influenced EU policy on electronic communications, competition and standardisation.

Prof. Pierre Larouche holds the chair of Law and Innovation at Université de Montréal, where he also directs the PhD programme on Innovation, Science, Technology and Law.

A graduate of McGill University, Bonn University and Maastricht University and a law clerk at the Supreme Court of Canada, Pierre Larouche was Professor of Competition Law at Tilburg University (Netherlands) from 2002 to 2017. There he founded and directed the Tilburg Law and Economics Center (TILEC), one of the largest research centres on economic governance. He also conceived and launched the Bachelor Global Law, an innovative law degree inspired by his meta-comparative and inter-disciplinary method. In his capacity as Associate Dean, he led the LL.B. reform at Université de Montréal. Pierre Larouche also taught at the College of Europe (Bruges) (2004-2016), and he has been a guest professor or scholar at McGill University (2002), National University of Singapore (2004, 2006, 2008, 2011, 2013), Northwestern University (2009-2010, 2016-2017), Sciences Po (2012), the University of Pennsylvania (2015) and the Inter-Disciplinary Center (IDC, 2016).

Pierre Larouche’s research centers around economic governance, and in particular how law and regulation struggle to deal with complex phenomena such as innovation. An expert in competition law and civil liability, his works have been cited by the European Court of Justice and the UK Supreme Court, and they have influenced EU policy on electronic communications, competition and standardisation.

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