Abstract
The German authorities have been considering legislation guaranteeing that “new markets” in the Telecommunications sector would not be regulated. The aim is to encourage investment in infrastructure by ensuring that companies investing large sums would not have to give access to competitors until they could be expected to obtain a return on their investment. This paper argues that this legislation is appropriate because the EC directives require new markets to be free from regulation, but leaves it to Member States to define them. The criteria identifying the kinds of markets which should remain unregulated are considered.
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