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Article
Technological Convergence and Competition on the Edge - „Emerging Markets“ and Their Regulation
IIC-International Review of Intellectual Property and Competition Law (2007)
  • Andrea Stazi
Abstract

Technological convergence, on the one hand, tends to point out new roles - and sometimes also markets - for the players in the communications industry, producing the segmentation of different functions and phases in the value chain. On the other hand, technological convergence could bring forth numerous specific antitrust issues, such as an increase in the market power of the suppliers of more appealing services or contents, or a premature foreclosure of the new market due to leveraging of the power maintained by a company in another market. A topic of particular interest, till now quite neglected by legal doctrine, is that of the regulation of „emerging markets“ for innovation processes, especially technological convergence, i.e. those markets which are just emerging are not likely to satisfy (at least for the moment) the three criteria provided by the 2003 EU Recommendation on relevant markets. This paper, analysing both „hard law“ and „soft law“ provisions, tries to isolate some (initial) criteria for the decision of whether or not to intervene in a new emerging market with a regulation (be it a regulatory action ad hoc, or eventually the application of the antitrust law in force).

Keywords
  • Technological convergence,
  • emerging markets,
  • competition,
  • antitrust,
  • regulation,
  • communications,
  • market power,
  • foreclosure,
  • innovation,
  • relevant market
Publication Date
November 1, 2007
Citation Information
Andrea Stazi. "Technological Convergence and Competition on the Edge - „Emerging Markets“ and Their Regulation" IIC-International Review of Intellectual Property and Competition Law Iss. 8/2007 (2007)
Available at: http://works.bepress.com/andrea_stazi/7/