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 xvList of abbreviations xvi1 Introduction to The Interaction of Competition Law andSector Regulation 1Pier Luigi Parcu, Giorgio Monti and Marco Botta2 Liberalizing network utilities: Economic principles andEuropean regulatory experience 17Martin Cave3 Could ex ante regulation create incentives foranti-competitive behaviour? 35Pietro Crocioni and Mateo Silos Ribas4 Regulating connectivity: Linking the EUtelecommunications framework to the digital future 63Gera van Duijvenvoorde5 Technology and the shifting boundaries of regulation andcompetition in the EU telecommunications sector 97Pier Luigi Parcu and Maria Alessandra Rossi6 The use of competition law as an instrument forre-assigning radio spectrum and energy resources 120Gonçalo Coelho7 Recent EU and Italian trends in the energy sector: Failureto provide information as abusive conduct 144Mario Siragusa and Alice Setari8 Recent CJEU case law on excessive pricing cases 169Giovanni Pitruzzella9 Market power and process in considering excessivepricing: The saga of a century old pharmaceutical remedy,phenytoin sodium, sold in capsules 188Adam Scott10 Excessive pricing in pharmaceutical markets: Recent casesin Italy and in the EU 210Margherita Colangelo11 Excessive pricing of pharmaceuticals in EU law: Balancingcompetition, innovation and regulation 233Ilan Akker and Wolf SauterIndex