Contratto ImpresaEuropa - Cedam

SAGGI 1003
On the regulatory side, the Reference Paper requires each signatory
country to set up an independent regulator who can secure the proper enforcement
of the pro-competitive and regulatory principles and provide
for adjudication of disputes between operators ( 14 ). In addition, it allows
countries to define and maintain universal service obligations, which are
not be regarded as anti-competitive per se, provided that they are administered
in a transparent, non-discriminatory and competitively neutral
manner, and are not more burdensome than necessary ( 15 ).
The enforcement of the principles is ensured by the link to the WTO
and its Dispute Settlement system. Thus, non-compliance with the commitments
undertaken under the Reference Paper can be challenged
through the WTO Dispute Settlement procedures ( 16 ).
3. - 3.1. – The dispute concerned Mexico’s domestic laws and regulations
on the supply of long distance and international telecommunication
services (the « International Long Distance Rules » issued by the
Federal Telecommunications Commission, hereinafter, « the IDL
Rules »). The dispute between Mexico and the United States began in
1990 after Mexico’s monopoly carrier «Telefonos de Mexico, S.A. de
C.V. », (hereinafter, “Telmex”) was privatized and partnered with the
American telecom provider “Sprint” for the supply of international long
distance telephone services between the two countries. Mexico’s long
distance telephone market opened up to competition on 1997. Prior to
that, long distance and international telecommunications services in
Mexico were supplied on a monopoly basis by Telmex. Since the liberalization
of long distance and international telecommunication services,
Mexico has authorized several companies to provide international services
over their networks.
In particular, Mexican law granted the largest carrier of outgoing calls
to a particular international market the exclusive right to negotiate the
terms and conditions for the termination of international calls in Mexico.
These conditions would then apply to any company carrying calls between
the international market and Mexico. Mexico’s market was then
characterized by 27 carriers supplying long distance services, and among
these two carriers, i.e. Avantel and Alestra, were partly owned by two
American corporations (MCI/WorldCom and AT&T, respectively). Of
( 14 ) Article 5 of the Reference Paper.
( 15 ) Article 3 of the Reference Paper.
( 16 ) See Bronkers-Larouche, supra, p. 23.