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NGA Recommendation and Competition Law Issues

Maria Barroso Gomes

05.11.2010

The European Commission (EC) issued on 20.09.2010, a recommendation on regulated access to Next Generation Access Networks (NGA). This recommendation was prepared with the purpose of enhancing legal certainty, promoting investment, competition and innovation, bearing in mind the development of the single market and of the market for broadband services in particular in the transition to the NGA networks. Its annexes provide detailed information on pricing principles and risk, and on the application of the principle of equivalence for access to the civil engineering infrastructure of the operator with significant market power (SMP).

The deployment of NGA networks is likely to lead to important changes in the economics of service provision and the competitive situation.

This paper analyses the Commission's attitude towards NGA access regulation, comparing it, when necessary, to general EU competition law doctrine.

 
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