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Research On International Competition Policy In Telecommunication Service

Posted on:2014-02-22Degree:DoctorType:Dissertation
Country:ChinaCandidate:H WenFull Text:PDF
GTID:1226330467465217Subject:International Law
Abstract/Summary:PDF Full Text Request
The Telecommunication industry belongs to a high technology service industry, which contains high access barriers. For a long time, the telecommunication service industry was monopoly by the government in every country. From1980s, the development of telecommunication industry became very fast, so that some basic technology became easy to access. The developed countries break the monopoly situation on telecommunication service, separated the government and the telecommunication corporate and use market power to control the telecommunication market. This dissertation focused on the telecommunication competition policy under the WTO framework. The dissertation contains introduction, conclusion and four chapters.The first chapter focused on the basic theory in international telecommunication service competition policy. It began with the analysis of general competition policy, and then jumped to the competition policy in telecommunication service. The global societies always try to create a unity competition policy under the WTO, at the end of Uruguay Round, the WTO members decide to sign the’Agreements on Telecommunication’, to control the anti-competitive behaviors in the global market. In additional, this chapter focused on the telecommunication service under the competition sight. We found that the devolvement of the telecommunication depends on the market competition, but if the market lack of regulatory, it cause the inefficiency competition.The second chapter focused on the practice of the competition policy on telecommunication service. This chapter selected two major economic entity around the world—the U.S. and the European Union, and analyzed both competition regulatory on telecommunication. Then, this chapter also analyzed the’Agreements on Telecommunication’ under the WTO framework. Besides that, we notice the very new situation about the development of the global competition—the competition neutrality. We believe, this new policy would bring great influence on the global competition policy.The Chapter three focused on practice of the competition policy under WTO framework. Firstly, we analyzed the Reference Paper. The regulatory principles, which contained in this document has important meaning to world’s competition regulatory. After that, this chapter analyzed in detail about the WTO’s first antitrust case—the Mexico telecommunication service. In the analyzed about this case, I also focused on the regulatory principles in the Reference Paper, to find out these principles whether or not could apply to this case. The conclusion is I agree with the panel’s view, that the combined anticompetitive behavior, which implement by the government and private should be prohibited. Because this combined behavior damaged the competition environment of the international service trade.The chapter four is the most important part of this dissertation. It focused the competition problems of telecommunication service in China. We found that the telecommunication market still not have the real competition, although it undergo several times of reform. In practice, foreign involvement in telecommunication is extremely limited, this chapter exploring the key commercial and legal barriers to foreign entry into China’s telecommunication market, with exploring areas of non—compliance with the WTO rules and the obligations contained in China’s Accession Protocol. In additional, we notice that the competitive neutrality policy would bring great influence to China. This policy will become an inevitable subject on China’s economic and trade activates. At last, this chapter exploring the problems of China’s competition policy and telecommunication regulatory. We found that property rights are the most important problem in China’s telecommunication service market. The efficient reform must be established on the reform of telecommunication industry’s property rights. The developments of China’s telecommunication should be established on the real competition policy, and resolve the property rights problem in the basic telecommunication, use the market power to regulate the telecommunication service market.
Keywords/Search Tags:WTO, Competition Policy, Trade in Service, TelecommunicationService, Competitive Neutrality, Market Access
PDF Full Text Request
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