EU Competition Law and the Information and Communication Technology Network Industries

Author: Andrej Fatur
Publisher: Edward Elgar Publishing
ISBN: 9781849461344
Published In: March 2012
Format: Hardback , 312 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Competition policies have long been based on a scholarly tradition focused on static models and static analysis of industrial organisation. However, recent developments in industrial organisation literature have led to significant advances, moving beyond traditional static models and a preoccupation with price competition, to consider the organisation of industries in a dynamic context. This is especially important in the field of information and communication technology (ICT) network industries where competition centres on network effects, innovation and intellectual property rights, and where the key driver of consumer benefit is technological progress. Consequently, when an antitrust intervention is contemplated, a number of considerations that arise out of the specific nature of the ICT sector have to be taken into account to ensure improved consumer welfare. This book considers the adequacy of existing EU competition policy in the area of the ICT industries in the light of the findings of modern economic theory. Particular attention is given to the implications of these dynamic markets for the competitive assessment and treatment of the most common competitive harms in this area, such as non-price predatory practices, tying and bundling, co-operative standard setting, platform joint ventures and co-operative R&D.

Andrej Fatur is a partner at the law firm Fatur in Ljubljana, Slovenia.

...this book is an ambitious attempt to analyse critically European competition policy in relation to ICT markets. Fatur's work is...highly readable and engaging... is certainly valuable at a descriptive level, and points out many opportunities for follow-up research into the subject matter.
Jasper P. Sluijs
Common Market Law Review
Volume 50(3)

Although there are many publications dealing with specific aspects of the subject matter, in particular the Microsoft cases, the publication in question provides a unique contribution to this area of study...there are virtually no other publications offering a comprehensive analysis of this area of law. Therefore, this publication could prove very useful to both academics and practitioners, who want to familiarize themselves with the application of competition law in the ICT sector, as well as the various intricacies and issues that may arise.

...a great book, which is likely to become an exceptional point of reference for students, researchers and practitioners of competition law in the ICT sector.
Laise Da Correggio Luciano
International Journal of Law and Information Technology
Volume 21(1)