Using numerous practical
examples, this book examines the evolution of EC telecommunications law following the
achievement of liberalisation, the main policy goal of the 1990s. After reviewing the
development of regulation in the run-up to liberalisation, the author identifies the
methods used to direct the liberalisation process and tests their validity in the
post-liberalisation context. A critical analysis is made of the claim that competition law
will offer sufficient means to regulate the sector in the future. Particular emphasis is
given to the way in which EC Competition Law changed in the 1990s using the essential
facilities doctrine, an expansive non-discrimination principle and the policing of
cross-subsidisation to tackle what were then thought of as regulatory matters. Also
examined within the work is the procedural and institutional interplay between competition
law and telecommunications regulation. In conclusion, Larouche explores the limits of
competition law and puts forward a long-term case for sector-specific regulation, with a
precise mandate to ensure that the telecommunications sector as a whole fulfils its role
as a foundation for economic and social activity.
Reviews
[The author's] multidisciplinary perspective clearly informs this critique of how the law
is used in the name of telecommunications regulation.
Paul Nihoul writing in INFO December 2000
Obviously, we have here a very serious, well grounded, solid and systematic analysis of an
issue which proves essential in all legal systems where telecommunications are
liberalised, together with other utility industries.
Paul Nihoul writing in January 2000
Larouche's book probably constitutes one of the basic references just about everyone with
an interest in European communications should have in his library. The structure is
logical. The argumentation is crystal clear. The organisation is perfect...
Paul Nihoul, Rijksuniversiteit Groningen writing in Yearbook of European Law
January 2001
...the subject matter is tackled with confidence enabling the reader to feel comfortable
to get on with the research at hand. Larouche has produced a fascinating read that any
telecommunications lawyer, be they academic or practitioner, would enjoy. Anyone
researching the evolution of the rapidly changing telecommunications sector and the
options for future control will certainly welcome this book.
Jonathan Evans, Cardiff Law School writing in Communications Law Journal
June 2000
466 pages