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Will the new generation of networks face stricter competition law enforcement?

Publication at Faculty of Law |
2021

Abstract

This paper addresses the question whether there is a good reason to expect stricter or more frequent scrutiny of the sharing of mature 5G networks from the viewpoint of competition law. First, it discusses how new networks may change the investigation of competitive concerns related to network sharing.

Second, it analyses some of the recent developments in the case law of EU courts, namely a possible comeback of the 'more economic approach' and the emergence of clearer rules regarding the standard of proof underpinning the theories of harm. It is proposed that there is no clear reason for a stricter or more frequent scrutiny of mature 5G network sharing that could be derived from the expected features of these networks or the broader context of the current development in EU competition law.