Unit:
Κατεύθυνση Άυλα Αγαθά και ΑνταγωνισμόςLibrary of the School of Law
Author:
Kokkinogenis Dimitris
Supervisors info:
Αλεξάνδρα Π. Μικρουλέα, Αναπληρώτρια Καθηγήτρια, Νομική Σχολή, ΕΚΠΑ
Ευθυμία Ι. Κινινή, Επίκουρη Καθηγήτρια, Νομική Σχολή, ΕΚΠΑ
Εμμανουήλ Μαστρομανώλης, Επίκουρος Καθηγητής, Νομική Σχολή, ΕΚΠΑ
Original Title:
Ανταγωνισμός και Ρύθμιση στον Τομέα των Ηλεκτρονικών Επικοινωνιών: τα Προβλήματα που Ανακύπτουν στην Αγορά Εξαιτίας της Παρουσίας Over-The-Top Παρόχων
Translated title:
Competition and Regulation in the Electronics Communications Sector: Challenges the Market Faces Due to the Presence of Over-The-Top Service Providers
Summary:
The significant increase of the usage of the Internet, as well as its constant technological advances, has provided the opportunity for OTT providers to disrupt the competitive conditions between them and traditional telecommunications providers. The challenges that Telcos have to face due to the presence of multiple applications and online platforms, which provide telecommunication services, affect the Telecommunications sector at its core. This dissertation undertakes the crucial problem that appears in the existing EU Telecoms regulatory framework. Specifically, it tackles the absence of regulating Content and Application Providers (CAPs) and the fact that when it comes to Internet Service Providers (ISPs), the regulation rules - it could be argued - are dominating their conduct. The ultimate purpose of this paper is raising the issue of achieving a level playing field in the electronic communications market. Throughout the paper it is noticed that two basic social interests are constantly conflicting. On the one hand is the protection and increase of social welfare (mostly the consumers’ welfare) and on the other the safeguard of technological advancements and the supply of new, innovative and pioneering telecommunication services. During the research and writing of the paper a plethora of bibliography and legal and economic articles were used. The sources, of this literature, derive both from the practice of National Regulation Authorities and the research of other competent bodies of the EU, as well as from associations that have as members, telecommunications providers. As a result, the opinions, which are being expressed, come, more often than not, in contradiction, in an attempt for all the sides of the issue to be represented. One of the most important findings during the writing of the dissertation was the matter of the allocation of sources. The business models of the Telcos and the OTTs show significant differences. Because of that, the stable decrease in revenues of the traditional telecommunications providers and the relevant increase in revenues of the OTTs could have unpredictable consequences. Indeed, it is not certain if this shift of profits, in the market, will lead to the desirable and correct allocation of resources, so that consumers will eventually enjoy the benefits of the Telecommunications industry. Lastly, the dissertation provides a detailed analysis of the EU's legal and economic framework of the electronic communications sector. According to this analysis certain practices and measures are suggested, which are legislative and business oriented, in order to deal with market challenges and failures that arise in the electronic communications sector due to the presence of OTT providers.
Main subject category:
Law and Legislation
Other subject categories:
Commercial Law
Keywords:
Over-the-top, OTT, ISPs, CAPs, Telcos, telecommunications, electronic communications, regulation, competition, antitrust, traffic management, net neutrality, level playing field, relevant market, platforms, two-sided markets, multi-sided markets, blocking, VoIP, interconnection, interoperability, ECS, ISS
Number of references:
367
