Who Controls Polish Transmission Masts? At the Intersection of Antitrust and Regulation
Streszczenie
This paper will be devoted to the most acute point of intersection between
sector specific regulation and the enforcement of competition law – a parallel
scrutiny of the market position and behaviour of EMITEL TP, an incumbent
infrastructure holder in the Polish broadcasting transmission field, by the national
telecoms regulator and the antitrust authority. After presenting the relevant EU
background, the discussion will focus on four basic factors that have influenced
the relationship between antitrust and regulation in this case. The peculiarities of
national legislation transposing the EU liberalisation package will be considered
first, followed by the state of competition in Polish telecoms and the potential
existence of prohibited market practices. Emphasis will be placed here on the
use of the antitrust concept of relevant market definition in the framework of sector-specific regulation. The analysis will continue with an assessment
of the differences between the two types of market intervention noted by the
authorities in the context of a potential competence dispute. In conclusion, the
need will be presented to shift the current focus placed on the separation of
antitrust enforcement and regulation, which has made them both ineffective in
achieving their purpose, towards that of their combination in order to facilitate
the emergence of competition in the Polish broadcasting transmission services
field.
Kolekcje
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