Regulating the regulators

摘要

The judgment in Case T-389/07 Spain v Commission is important because it confirms the Commission's powers to intervene ex post against abuses of dominance committed on regulated markets.The implications for the competitive conduct of vertically integrated dominant network operators who also compete with electronic service providers that rely on access to their networks in order to provide services in competition with network operators is very important. They cannot plead that ex ante regulatory obligations imposed on them by national telecommunications authorities exempts them from the need to ensure that their conduct and especially their pricing decisions do not breach the obligation not to abuse their dominant position.