EC competition law and the convergence of the telecommunications and broadcasting sectors

This article surveys how convergence is dealt with in the main areas of EC competition law. First, under Article 90 EC Treaty, the Commission has not yet reached a solution to the problems of TOs holding exclusive rights over cable TV networks or providing broadcasting services over their telecommunications networks. Secondly, while the Commission has largely upheld certain policy lines in individual decisions, it has reached markedly different outcomes in the broadcasting and telecommunications sectors. The Commission has not been able successfully to integrate non-economic factors in its competition law analysis. Third, State aid problems are likely to arise in relation with production subsidies and compulsory broadcasting fees. In the end, competition law must still evolve to deal with convergence, but in doing so it is likely to pre-empt regulatory options.