The concept of significant market power (SMP) is enshrined by the European regulatory framework for electronic communications networks and services to the extent to which national regulatory authorities (NRAs) in most circumstances can only regulate undertakings with SMP. According to this...

Broadband over cable television networks has become a growing force on the retail market in the EU. Thus, a debate has always been raised whether cable television networks should also be subject to open internet access obligations as PSTN and fibre. This article aims to share its view from a...

The EC regulatory framework in the electronic communications sector is characterized by the concurrent application of competition law and sector specific regulatory rules. An institutional defect of this dual-regulatory model is the risk of duplication of procedures between competition...

The liberalized telecom sector is pervasively confronted with two challenges, conflicts between the market mechanism and sector-specific regulation on the one hand and conflicts between sector-specific regulation and competition law on the other hand. While the former has been taken care by the...

In June, 2014, the State Administration for Industry and Commerce published the Regulation on the Prohibition of Conduct Eliminating or Restricting Competition by Abusing Intellectual Property Rights (Consultation Draft). This will be the first regulation dealing with the application of...

China's State Administration for Market Regulation in China announced two guidelines in October 2021. The drafted Guidelines for Classification and Grading of Internet Platforms (互联网平台分类分级指南) (“Classification Guidelines”) categorize digital platforms into super, large...

This paper explores the practice of IPR protection and antitrust regulation of standard essential patents (SEPs) in China and discusses whether the licensing of SEPs should be regulated in a way different from other patent cases. With regard to IPR protection, the Chinese judiciary has actively...