Date Issued: 
July 1, 2002

Scott Marcus.  

OSP Working Paper 36 (July 2002) examines the European Union’s telecommunications regulatory framework that was adopted in March 2002 to address, among other objectives, the potential and actual abuses of market power.  With that in mind, the EU attempts a comprehensive, technology-neutral approach to regulation, which borrows concepts of market definition and of market power from competition law.

In this paper, Marcus assesses the potential strengths and weaknesses of that EU approach.  He draws parallels to regulatory practices in the United States and considers the possible relevance of the new EU methodology to the very different legal and regulatory framework in the United States.