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EU Court Clarifies the Application of the EU Legal Framework for the Electronic Communications Sector to Over-the-Top Services (C-142/18 Skype and C-193/18 Google) journal article

Thomas De Meese, Karl Stas

European Competition and Regulatory Law Review, Volume 3 (2019), Issue 3, Page 322 - 326

Case C-142/18 Skype Communications Sàrl v Institut Belge des services postaux et des télécommunications, Judgment of the Court of Justice of the European Union of 5 June 2019, Case C-193/18 Google LLC v Bundesrepublik Deutschland, Judgment of the Court of Justice of the European Union of 13 June 2019 SkypeOut is an electronic communications service, but Gmail is not.


The EU Regulatory Framework for Access to the Postal Network journal article

Yvan Desmedt, Karl Stas

European Competition and Regulatory Law Review, Volume 2 (2018), Issue 2, Page 92 - 106

The Postal Directive does not oblige Member States to mandate access to the postal network of the universal service provider or to regulate the conditions under which such access is provided. It is left to the discretion of the Member States whether to introduce a mandatory access regime or not. If Member States decide to introduce such a regime, they must take into account that, at least where bulk mail is still part of the universal service, the tariff conditions for so-called ‘downstream’ access to the postal networks must respect the non-discrimination obligation of Article 12, 5th indent of the Postal Directive. This implies that no distinction can be made between, on the one hand, postal operators competing end-to-end with the universal service providers, and, on the other hand, bulk mailers or intermediaries working on their behalf, who inject mail under the same operational conditions. Also from a policy perspective, it does not seem desirable to allow such a difference in treatment (ie, ‘positive discrimination’ in favour of end-to-end competitors) as it is likely to be counter-productive for the development of competition in the postal sector.

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