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In order to understand how the RIA model was implemented by EU institutions, I have analyzedthree specific initiatives undertaken by the European Commission in communications sector. I havechosen the communications sector as a field of analysis since it represent the sector in which theCommission has taken very important decisions for the development of the market. This decisionswere always supported by a related Impact Assessment in order to evaluate the impacts of thedifferent options taken into account. In the specific cases study analyzed, I tried to verify if themodel of IA used by the Commission was able to achieve the goal of better regulation.In the first case, the Regulation of the international roaming charges, the related IA analysis seem tobe conducted in order to justify the objective of European legislator to promote the development ofsingle market for electronic communication. And around this objective seem to be implemented thewhole IA. In particular:1. The model according to which are evaluated the possible impacts of the different optionsassumes that the regulation will affect only the roaming market, not taking into account thepotential externality of the regulation on the other services provided by the operator and onthe investment incentives;2. The IA states that the regulation will improve the welfare of consumers as whole, not takingin account that the costs and benefits of regulation will be distribute in different way amongthe different segment of consumers: in particular, the high roamers consumers will enjoymost all the benefits arising from the proposal, while the costs of regulation will be bearsalso by consumers that do not use roaming services;3. And last, but most important consideration, the regulation is in contradiction with theprinciples of the regulatory framework for electronic communication, according to whichthe imposition of further regulation is justified only if the analysis of market shows thepresence of operators with a significant market powers. In the case of international roamingcharges, the Commission decision to implement the regulation is due to the particular cross-94
order nature of roaming services, that does not permit the well functioning of theregulatory framework in addressing the problem.The same iter seem to be followed with regard the institution of the European Regulator for themarket of electronic communications. The related IA, implemented for the review of regulatoryframework to address the lack of compliance in the remedies adopted by the NRAs, does notevaluate, in a proper way, the costs and benefits linked to the different options. Moreover theevaluation of the options changes in the two IA implemented for the review, respectively in 2006and 2007.It is very interesting the imputation of costs and benefits according to which, in the 2007 IA, theintroduction of the new entity becomes the preferred one in order to achieve the goal of morecompliance: on the side of potential benefits, the Commission analysis puts all the benefits arisingfrom the development of the single market, as the institution of the new body magically will lead tothe consolidation of the Single Market, while, on the part of the costs, it puts only the budgetarycost of instituting the new Regulator. This imputation of costs and benefits shows how it ispossible a strategic use of the data, in order to justify a prior political decision also with the use of atechnical tool like IA.In the last case study, that is the Recommendation on NGA, the news is that there is no IA tosupport the Recommendation. NGA represents the most important technological development incommunication services in the last years; in this sector the Commission has adopted IA in order tosupport the main decisions undertaken; and it is strange that the Commission does not adopt the IAin order to address this important development of the market. Despite the Recommendation tool hasnot binding effects, appears important to evaluate, with a proper IA, the provisions of thislegislative tool: it has however an important political weight and it is able to affect the furtherNRAs decisions in the NGA environment; in this sense it has the high potential economic impactsthat require the support of the IA.95
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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
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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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1.3 La sentenza TeliaSonera: un sal
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A parere dunque dell’avvocato gen
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Le pronunce comunitarie hanno accre
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profitmargins 30 ”. Medesime conc
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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
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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
Page 62 and 63: Commission initiatives included in
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 78 and 79: In order to reach this objective th
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 96 and 97: What is possible learned from the a
Page 98 and 99: - European Commission, Draft Recomm
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