The Interaction of Competition Law and Sector Regulation

Edited by Pier Luigi Parcu, Part-time Professor, European University Institute and Chairman of Studio Economico, Italy, Giorgio Monti, Professor of Competition Law, Tilburg University, the Netherlands and Part-time Professor, European University Institute, Italy and Marco Botta, Part-time Professor, European University Institute, Italy

Contents:

Preface xv
List of abbreviations xvi
1 Introduction to The Interaction of Competition Law and
Sector Regulation 1
Pier Luigi Parcu, Giorgio Monti and Marco Botta
2 Liberalizing network utilities: Economic principles and
European regulatory experience 17
Martin Cave
3 Could ex ante regulation create incentives for
anti-competitive behaviour? 35
Pietro Crocioni and Mateo Silos Ribas
4 Regulating connectivity: Linking the EU
telecommunications framework to the digital future 63
Gera van Duijvenvoorde
5 Technology and the shifting boundaries of regulation and
competition in the EU telecommunications sector 97
Pier Luigi Parcu and Maria Alessandra Rossi
6 The use of competition law as an instrument for
re-assigning radio spectrum and energy resources 120
Gonçalo Coelho
7 Recent EU and Italian trends in the energy sector: Failure
to provide information as abusive conduct 144
Mario Siragusa and Alice Setari
8 Recent CJEU case law on excessive pricing cases 169
Giovanni Pitruzzella
9 Market power and process in considering excessive
pricing: The saga of a century old pharmaceutical remedy,
phenytoin sodium, sold in capsules 188
Adam Scott
10 Excessive pricing in pharmaceutical markets: Recent cases
in Italy and in the EU 210
Margherita Colangelo
11 Excessive pricing of pharmaceuticals in EU law: Balancing
competition, innovation and regulation 233
Ilan Akker and Wolf Sauter

Index