May-08(1)

In this issue:

The CFI’s Judgment in Deutsche Telekom

 

Peter Alexiadis, May 12, 2008

”Informative and Interesting”*: The CFI Rules in Deutsche Telekom v. European Commission

The Deutsche Telekom case is notable insofar as it finally brings legal certainty to a complex area of practice where law and economics collide, and which is a strategically important precedent for the European Commission given the liberalization of ex-utility sectors that will no doubt give rise to many more margin squeeze cases in practice. That legal certainty has been won, however, at the expense of some much-needed analytical sophistication being developed on how to deal with complex pricing policies in the wake of disruptive technological change. It is, in short, a very blunt legal precedent.

Bernard Amory, Alexandre Verheyden, May 13, 2008

Comments on the CFI’s Recent Ruling in Deutsche Telekom v. European Commission

The CFI ruling in Deutsche Telekom provides some clarity on the issues of (i) price squeeze as a stand-alone ground for abuse and (ii) the relevance of the two tests (hypothetical competitor and reasonably efficient competitor) proposed by the Commission in support of a price squeeze allegation. Our comments will focus on these two points. However, we submit that this judgment raises a number of new questions.

Robert O’Donoghue, May 15, 2008

Regulating the Regulated: Deutsche Telekom v. European Commission

In broad terms, Deutsche Telekom shows that the EC courts do n

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