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costs and benefits related to the establishment of the new regulatory body, as evaluated in theEuropean Evaluation Consortium.EECMAcontribution in thevarious policy areasDirect Costs ofEECMAOther RegulatoryCostsPossible benefits(orders ofmagnitude)Key AssumptionsOversight of NRAremediesReplacement of NRAnot carrying marketanalysis in timeAuthorization andregulation of serviceswith pan-EuropeanpotentialOther operationaland managementactivitiesTOTAL COSTSAND€ 0.7 mn € 1- 2 mn € 50 – 120 mn • EECMA reduces by 10%regulatory risk across EU• In addition, there aresome yearly 40 NRAremedies with hiddenunexploited deadweighteffects - potential benefit €150 - 600 mn€ 2.7 mn € 10.8 mn € 20 - 80 mn • 1-2 delays in carrying outmarket analysis areexperienced on a yearlybasis€ 7.9 mn In theory none € 180 - 600 mn • Every three years thelaunch of one pan-European market isshortened by one yearbringing one-off benefits€ 16mn€ 27 mn € 12 mn € 250- 800 mnProcedures foranalysis of transnationalmarketsPotential additional costs /benefits€ 24 mn € 300 - 600 mn • If 1-2 transnationalmarkets were identifiedand regulated in the periodSource: Cost-Benefit Analysis of Options for Better Functioning of the Internal Market in ElectronicCommunication, Final report of European Evaluation Consortium, 22 October 2007As showed in the table, the imputation of costs and benefits are made in a strategic way, in order tojustify a decision already taken: the economic approach is used only to give a “numerical” evidenceto the potential benefit arising from the institution of a new body that, according to the result of theanalysis, seem to have a per se magic power to lead to the so much deseeded single market forEuropean electronic communication. As showed on the table, in the column of the costs the analysis84
carried out by the European Evaluation Consortium puts all the cost arising by the institution of thenew body, while, on the column of possible benefits, it puts all the possible advantages arising fromthe potential development of the single market, as the only obstacle of the consolidation of internalmarket was the lack of an European Regulator.The European Consortium recognizes the speculative nature of the benefits related to theestablishment of a European regulator, because “results in a number of areas ultimately depend onexternal factors that are uncertain”. Also because the Authority “is expected to produce results inareas - regulatory risk and transaction costs, where economic measurement issues are alsocontroversial” 78 .In the IA of the Commission there is no evidence about the speculative nature of the data quoted,but only the reference that the evidence of the economic analysis promotes the option of theEuropean Regulator, an option that seem to assume the status of preferred option before the analysisconducted could demonstrate the efficiency of the option chosen.78 See footnote n.26, page 34 of “Cost-Benefit Analysis of Options for Better Functioning of the Internal Market inElectronic Communication”, Final Report Prepared by European Evaluation Consortium85
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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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to capture. Then it compares these
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References:DG Competition, DG Compe
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Secondo quanto stabilito dalla giur
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L’autonomia di fattispecie abusiv
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Difatti DT era soggetta a specifici
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L’applicazione dei criteri sopra
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