Next session: 2 - 6 October 2017, Amsterdam
Description
The telecom environment is in constant evolution and competition is fierce. One of the difficult roles of a regulator is to put in place any needed ex-ante regulation to stimulate competition, but at the same time to not over-intervene, allowing market forces to be the real drivers of competition.
This 5-day training course allows participants to analyze and discuss important current issues related to competition in the telecommunications sector; from competition safeguards such as dominant carrier regulation to the new challenges of digital competition and net neutrality. The course includes a combination of presentations, case studies, group workshops and facilitator-led discussions.
Learning Outcomes
At the end of the course, participants will be able to:
- Explain the increasingly important role of competition law principles in the regulation of telecommunications
- Describe the background for competition policy in telecom regulation
- Identify types of anti-competitive behaviours and assess possible remedies
- Use competition guidelines/safeguards best practices
- Recognize what cannot be left to competition
- Analyze digital competition and net neutrality and identify their impacts on competition
Topics
*Note: the course structure may be subject to change as trainings are updated on a regular basis.
The training course covers the following topics:
Day 1
Setting the stage – Global trends and impacts
- The shift to competition
- Market evolution and trends
- New telecom players
- Workshop #1 - Trends and impacts
- New services and offers
- Impacts for operators and regulators
- Workshop #2 - Where are we?
Competition: an overview
- Economic theory of competition
- Types of competition
Day 2
Fundamental competition law concepts
- What is competition policy?
- Monopoly power
- Substitution
- Market power
- Market definition/relevant market
- SSNIP/hypothetical monopolist test
- Geographic market
- Workshop #3 - Defining the Relevant Product Market
- Barriers to entry
- Bright line tests
- Competitive constraints and defence
Anti-competitive practices
- Abuse of dominance
- Case study - The Commerce Commission vs. Telecom Corporation of New Zealand Limited and Telecom New Zealand Limited
- Bundling/tying
- Anti-competitive pricing
- Vertical price squeeze
- Predatory or exclusionary pricing
- Cross-subsidization
- Refusal to supply
- Mobility restraints/locking-in customers
- Undue preference
- Collusive arrangements
Day 3
Approaches to regulation
- Competition policy
- Evolution of regulation
- Economic regulation or competition?
- Workshop #4 - Regulatory model
- Regulatory forbearance
- Case study - Bahrain: The respective roles of ex ante and ex post regulation
Wireless competition – Regulation and spectrum policy
- Introduction of wireless on an unregulated basis
- Barriers to entry
- Increased regulatory intervention
- Importance of mobile broadband
- Shift in spectrum allocation policy and its impacts
- Workshop #5 - Spectrum War Fears Over ICASA Auction
- Infrastructure sharing
Anti-competitive remedies
- Dominant carrier regulation
- Addressing anti-competitive behavior
- Structural and other ex-ante remedies
- Resale
- Workshop #6: MVNOS and competition
- Infrastructure sharing
- Facilities-based competition
- Sharing and competition
Day 4
Anti-competitive remedies (cont'd)
- Infrastructure sharing
- Facilities-based competition
- Sharing and competition
- Case study - Openreach and functional separation
What cannot be left to competition/market forces
- Interconnection and access
- Consumer protection
- Workshop #7 - Google and the ‘Right to be Forgotten'
- Universal access obligations
Mergers, acquisitions and joint ventures
- Overview
- The role of regulation
- Horizontal mergers
- Case study - Hutchison's Proposed Acquisition of Telefonica UK
- Vertical mergers
- Joint ventures
- Case study - Telus Mobilicity Bid
Day 5
Digital competition and net neutrality
- Age of disruption
- Emergence of OTT
- Impacts of OTT on operators
- Net neutrality
- Workshop #8 - Zero-Rating
- Regulatory developments - operators
- Regulating disruption
Target Audience
- Telecom regulators
- Telecom operators (incumbents and challengers)
- Telecom policy-makers, law firms, consultants and other interested parties
A combination of engaging activities and dynamic presentations to stimulate and maximize participants' learning.