Public V Private Enforcement in the Electronic Communications Sector

"This article will compare sector-specific and competition law remedies and will examine the regulatory configurations in which each of the two regulatory regimes will give the best results (section B). Having analysed the likely challenges for SMP remedies, it will also discuss the potential of number portability (NP) under the USD for enhancement of the state of competition (section C). Remedies taken under a co-regulatory procedure will be presented in section D. Challenges to private enforcement of the competition rules in the telecoms sector will be put forward and respective solutions to possible impediments will be suggested in section E. Section F will outline the predominant standard against which public and private enforcers will define harm from an antitrust violation."