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In order to reach this objective the Commission analyzes the possible impact of three differentregulatory options:1. The creation of a Single European Regulatory Authority with discretionary decision-makingpowers in market reviews and in charge of managing EU aspects of spectrum;2. The creation of European Regulatory Authority without discretionary decision-makingpowers assisting in the implementation of reinforced Community procedures;3. A better co-ordination between the Member Statesa) Analysis of Option 1 - creation of a Single European Regulatory Authority withdiscretionary decision-making powers in market reviews and in charge of managingEU aspects of spectrumAccording to this option the market review should be placed at a centralized level, while thenational NRAs should be transformed in national offices of the European Authority responsible fordata collection and implementation of the centralized decisions. The markets analysis should beundertaken directly by the European Authority which would also impose regulatory remedies;appeals against the decisions of the European Authority should be dealt with by the European Courtof Justice.Benefits related to this option:1) It is able to remove the national influences that very often had affected the decisions ofNational NRAs;2) It is able to promote consistent regulation across the EU;3) It may accelerated the development of services with pan-European potential andinternational competition among operators thank to the building of one-stop regulator systemthat lowered the administrative burden and compliance costsDisadvantage related to this option :78
1) An European Regulator may not able to regulate appropriately the national market whichservices are predominant respect the cross-border ones;2) Institutional problem can arise from the creation of a European regulatory authority withstrong decision-making powers involving discretion.b) Analysis of Option 2 - creation of European Regulatory Authority withoutdiscretionary decision-making powers assisting in the implementation of reinforcedCommunity proceduresAccording to this second option, the coordination mechanism at EU level should be strengthened,conferring additional powers to the Commission and creating a new entity, an independentEuropean Authority, with the task to provide primarily technical expertise and advice in marketreview procedures and in authorization of services with pan-European potential impact.In particular, this option foresees:a) Commission oversight of remedies and advisory role of the European Authority in Article 7procedures;b) improved procedures for analysis of trans-national markets with advisory role of theEuropean Authority;c) stronger powers for the Commission to act when an NRA does not carry out a marketanalysis within a given time limit;d) involvement of the European Authority in new EU level procedures for authorization andregulation of services with pan-European potential;e) more consistency in the criteria that justify suspension of NRA decisions by national appealbodies.Benefit related to this option:1) it is able to guarantee more regulatory consistency and a level playing field for operators andservice providers across the EU;79
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LUISS GUIDO CARLIDOTTORATO DI RICER
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a form-based approach 4 . In partic
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Guidance Paper is the result of a r
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In the following section are analyz
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The rebate schemes were individuali
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The analysis takes into considerati
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documents or data that the dominant
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which apply only to some type of cu
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to capture. Then it compares these
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References:DG Competition, DG Compe
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Secondo quanto stabilito dalla giur
Page 27 and 28: L’autonomia di fattispecie abusiv
Page 29 and 30: Difatti DT era soggetta a specifici
Page 31 and 32: L’applicazione dei criteri sopra
Page 33 and 34: 1.3 La sentenza TeliaSonera: un sal
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Page 37 and 38: Le pronunce comunitarie hanno accre
Page 39 and 40: profitmargins 30 ”. Medesime conc
Page 41 and 42: BIBLIOGRAFIACase C-52/09, Konkurren
Page 44 and 45: REGULATORY IMPACT ASSESSMENT INTELE
Page 46 and 47: IntroductionRegulatory Impact Asses
Page 48 and 49: technical nature of RIA tool was pr
Page 50 and 51: correct evaluation of the costs and
Page 52 and 53: counter political development that
Page 54 and 55: each "major rule" pending, subject
Page 56 and 57: compelling public need; the first s
Page 58 and 59: the effort of the other department
Page 60 and 61: 3. The Development of RIA: the Euro
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Page 64 and 65: But there is another aspect of the
Page 66 and 67: SECTION BAn Empirical Analysis of T
Page 68 and 69: With the adoption of New Regulatory
Page 70 and 71: The Commission evaluates the impact
Page 72 and 73: The document of Commission gives ve
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Page 76 and 77: The electronic communications secto
Page 80 and 81: 2) this would have a positive impac
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Page 86 and 87: 3. Third Case Study - The Commissio
Page 88 and 89: According to the ERG Common Positio
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Page 92 and 93: same time Ofcom believes that this
Page 94 and 95: In order to understand how the RIA
Page 96 and 97: What is possible learned from the a
Page 98 and 99: - European Commission, Draft Recomm
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