Competition and Regulation in Network Industries最新文献_第6页

Data as infrastructure? A study of data sharing legal regimes 数据作为基础设施?数据共享法律制度研究

Competition and Regulation in Network Industries Pub Date : 2020-06-01 DOI: 10.1177/1783591719895390

C. Ducuing

{"title":"Data as infrastructure? A study of data sharing legal regimes","authors":"C. Ducuing","doi":"10.1177/1783591719895390","DOIUrl":"https://doi.org/10.1177/1783591719895390","url":null,"abstract":"The article discusses the concept of infrastructure in the digital environment, through a study of three data sharing legal regimes: the Public Sector Information Directive (PSI Directive), the discussions on in-vehicle data governance and the freshly adopted data sharing legal regime in the Electricity Directive. While aiming to contribute to the scholarship on data governance, the article deliberately focuses on network industries. Characterised by the existence of physical infrastructure, they have a special relationship to digitisation and ‘platformisation’ and are exposed to specific risks. Adopting an explanatory methodology, the article exposes that these regimes are based on two close but different sources of inspiration, yet intertwined and left unclear. By targeting entities deemed ‘monopolist’ with regard to the data they create and hold, data sharing obligations are inspired from competition law and especially the essential facility doctrine. On the other hand, beneficiaries appear to include both operators in related markets needing data to conduct their business (except for the PSI Directive), and third parties at large to foster innovation. The latter rationale illustrates what is called here a purposive view of data as infrastructure. The underlying understanding of ‘raw’ data (management) as infrastructure for all to use may run counter the ability for the regulated entities to get a fair remuneration for ‘their’ data. Finally, the article pleads for more granularity when mandating data sharing obligations depending upon the purpose. Shifting away from a ‘one-size-fits-all’ solution, the regulation of data could also extend to the ensuing context-specific data governance regime, subject to further research.","PeriodicalId":38329,"journal":{"name":"Competition and Regulation in Network Industries","volume":"21 1","pages":"124 - 142"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1783591719895390","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46431531","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 11

The “iPhone effect”: The impact of dual technological disruptions on electrification “iPhone效应”:双重技术干扰对电气化的影响

Competition and Regulation in Network Industries Pub Date : 2020-06-01 DOI: 10.1177/1783591719888762

Rolando Fuentes, L. Hunt, H. Lopez-Ruiz, B. Manzano

引用次数: 2

Urban utilities and opportunities for the private sector in local energy services in Switzerland 瑞士城市公用事业和私营部门在当地能源服务中的机会

Competition and Regulation in Network Industries Pub Date : 2020-04-15 DOI: 10.1177/1783591720916347

Carmen Araquistain Portela

引用次数: 2

Complementarities as an antitrust defense 互补性作为反垄断辩护

Competition and Regulation in Network Industries Pub Date : 2020-03-05 DOI: 10.1177/1783591720960424

Dennis L. Weisman

引用次数: 0

Innovation in regulated electricity networks: Incentivising tasks with highly uncertain outcomes 监管电网的创新:结果高度不确定的激励任务

Competition and Regulation in Network Industries Pub Date : 2020-03-04 DOI: 10.1177/1783591720906582

R. Poudineh, D. Peng, Seyed Reza Mirnezami

{"title":"Innovation in regulated electricity networks: Incentivising tasks with highly uncertain outcomes","authors":"R. Poudineh, D. Peng, Seyed Reza Mirnezami","doi":"10.1177/1783591720906582","DOIUrl":"https://doi.org/10.1177/1783591720906582","url":null,"abstract":"Traditional regulatory models of natural monopoly network utilities are designed to incentivise cost-efficiency, subject to the firm achieving a certain level of reliability. With the rise of decarbonisation as a key policy goal, facilitating innovation in electricity networks has become of vital importance. Innovation and cost-efficiency may overlap and exhibit the same risk profile. However, we show that when there is a difference in their risk profile, incentivising these two tasks using the same incentive scheme is ineffective. This means incentive regulations need to be enhanced with additional modules that take into account the level of risk to which companies are exposed to for their stage of innovation activity. We also demonstrate that the issue of risk can distort the outcome of a competitive scheme for allocating innovation funds when bidders are heterogeneous in their risk attitude and there is uncertainty about recovering initial investments needed to prepare the project proposal. Thus, competitive schemes need to be designed such that they factor in risk attitude heterogeneity among bidders.","PeriodicalId":38329,"journal":{"name":"Competition and Regulation in Network Industries","volume":"21 1","pages":"166 - 192"},"PeriodicalIF":0.0,"publicationDate":"2020-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1783591720906582","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46751314","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 12

Exploring the nontraditional foreign investment in Sino–Latin American relations: The Chilean case 中拉关系中的非传统外商投资探析:以智利为例

Competition and Regulation in Network Industries Pub Date : 2020-03-01 DOI: 10.1177/1783591719877592

A. Borquez

{"title":"Exploring the nontraditional foreign investment in Sino–Latin American relations: The Chilean case","authors":"A. Borquez","doi":"10.1177/1783591719877592","DOIUrl":"https://doi.org/10.1177/1783591719877592","url":null,"abstract":"At the end of 2016, China and Chile increased their bilateral ties to a comprehensive strategic partnership increasingly involving the development of traditional and nontraditional foreign investments. The former is measured under the usual parameters of economic cooperation that includes horizontal and vertical investments. However, during the last decades, new forms of cooperation have emerged based on the creation of a HUB that responds to complex strategies in specific contexts, which implies the willingness of nations to establish sophisticated links in which both countries use their competitive resources in search of a common benefit. Although there is no absolute limit between traditional and nontraditional foreign direct investments, since they are not mutually exclusive, the latter have become fundamental elements in the establishment of Chinese multidimensional relations and are part of the new path of cooperation in the Latin America region. In this context, Chile is one of the countries that has hosted the largest number of hub platforms led by China in South America, which include the Southern Optical Fiber Project, the China-Chile Joint Astronomical Data Center, and the China-South America Transpacific cable. This article explores the dynamics of these initiatives through the case study of China–Chile relations.","PeriodicalId":38329,"journal":{"name":"Competition and Regulation in Network Industries","volume":"21 1","pages":"18 - 33"},"PeriodicalIF":0.0,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1783591719877592","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41322441","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 6

Causality between Chinese investment in Latin America and the governance indicators 中国在拉美投资与治理指标之间的因果关系

Competition and Regulation in Network Industries Pub Date : 2020-03-01 DOI: 10.1177/1783591719874774

L. A. Bernal Ponce, Ricardo Pérez Navarro, Mauricio Ramírez Grajeda

引用次数: 1

Towards a vertically separated broadband infrastructure: The potential role of voluntary separation 走向垂直分离的宽带基础设施:自愿分离的潜在作用

Competition and Regulation in Network Industries Pub Date : 2020-03-01 DOI: 10.1177/1783591720907004

Fabian Queder

{"title":"Towards a vertically separated broadband infrastructure: The potential role of voluntary separation","authors":"Fabian Queder","doi":"10.1177/1783591720907004","DOIUrl":"https://doi.org/10.1177/1783591720907004","url":null,"abstract":"Public policymakers face the challenge of maintaining incentives for investments in fiber-to-the-premises (FTTP) infrastructure while simultaneously enabling effective competition. In that regard, the ability of vertically integrated operators to discriminate against downstream rivals is regarded as a major regulatory problem, especially as policing nondiscrimination obligations is notoriously difficult for vertically integrated operators. The European regulatory framework mandates functional separation to eliminate discrimination incentives. However, this measure comes with significant drawbacks and caveats and resembles a strong market and ownership intervention. The present article discusses how voluntary vertical separation can achieve the positive effect of a vertically separated industry structure without the need for strong market interventions. We use a discounted cash flow model to compare the financial attractiveness of wholesale-only and integrated business models for a greenfield FTTP rollout. We further discuss and test how public policymakers could positively affect the profitability of a wholesale-only business model. Based on our findings, we recommend public-policymakers and national regulation authorities to proactively define separation scenarios and respective ex ante regulation reductions precisely, to make adjustments to broadband state aid programs that favor wholesale-only providers, and to critically reflect the hampering effect volume and time discount wholesale tariff structures of incumbents have on the emergence of wholesale-only networks.","PeriodicalId":38329,"journal":{"name":"Competition and Regulation in Network Industries","volume":"21 1","pages":"143 - 165"},"PeriodicalIF":0.0,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1783591720907004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46325882","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Latin America: The East Wing of the New Silk Road 拉丁美洲:新丝绸之路的东翼

Competition and Regulation in Network Industries Pub Date : 2020-03-01 DOI: 10.1177/1783591719853537

Francisco Valderrey, M. Montoya, Adriana Sánchez

{"title":"Latin America: The East Wing of the New Silk Road","authors":"Francisco Valderrey, M. Montoya, Adriana Sánchez","doi":"10.1177/1783591719853537","DOIUrl":"https://doi.org/10.1177/1783591719853537","url":null,"abstract":"As the Belt and Road Initiative (BRI), or the New Silk Road, as commonly known in Western countries, continues to grow in size and scope, some questions remain unanswered. Most skepticism arises about the primary purpose of the project, the contribution of members countries to the overall initiative, or the involvement of those territories that are neither touched by the land or the maritime side of the project. Latin America, for example, has significant interaction with China, but few countries may soon join the project. After taking a glance on the history of the Silk Road and the new project, we look at the current status of the BRI, and one of the main issues of concern which is the lack of homogenous contribution to the initiative. For that matter, we propose a much-needed adjustment to the BRI, using a new tool for evaluating the participation of member countries. Comparisons take into account the five collaboration variables established as the building blocks of the BRI: policy coordination, facilities connectivity, unimpeded trade, financial integration, and people-to-people bond. To make a more detailed analysis, we include two measurement criteria per variable, which can be used either to test for suitability of new or existing members of the New Silk Road. A second issue under study is the feasibility analysis of the extension of the initiative into Latin America. We use the proposed mechanism comparing 10 active members of the BRI versus 10 countries in Latin America. Results show the adequacy of the region to join the initiative. Indeed, we demonstrate that Latin America is suitable to be the East Wind of the BRI.","PeriodicalId":38329,"journal":{"name":"Competition and Regulation in Network Industries","volume":"21 1","pages":"34 - 62"},"PeriodicalIF":0.0,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1783591719853537","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45891799","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 7

The other side of the Silk Road: Chinese investments in Latin American infrastructure 丝绸之路的另一面:中国对拉美基础设施的投资

Competition and Regulation in Network Industries Pub Date : 2020-02-25 DOI: 10.1177/1783591720902922

M. Montoya, Mauricio Cervantes, Daniel Lemus-Delgado, Otto Regalado-Pezúa

引用次数: 1