Iris spécial. Converged markets-converged power ? : regulation and case law

Market power becomes an issue for European and
national law makers whenever market players acquire a
degree of power which severely disturbs the market
balance. In this sense, the audiovisual sector is no
exception. But this sector is different in that too much
market power may not only endanger the competitive
parameters of the sector but may also become a threat
to the freedom of information . It is this latter aspect
which turns market power into a particularly sensitive
issue for the audiovisual sector. National legislators and
regulators backed by national courts seek solutions
adapted to this problem.
This IRIS Special issue deals with the regulation of
market power in the audiovisual sector in Europe.
The first part of this IRIS Special explores the European
Union's approach to limiting media power, an approach
still dominated by the application of competition law.
This IRIS Special explains the general functioning of
competition law and other regulatory instruments. It
specifically shows how the various services provided in
the audiovisual sector are regulated and what markets are
to be distinguished.
The second part contains a description of the legal frameworks
of 11 European countries used to address media
power. For each of these countries you will find in
particular information on the regulation of audiovisual
media services and enabling services, platforms and
converged services, and finally distribution services.
The eleven countries were selected for this study because
they either represented major markets for audiovisual
media services in Europe, or because they developed outside
the constraints of the internal market, or because
they had some interesting unique feature, for example
the ability to attract major market players despite lacking
an adequately sized market.
The third part brings in the economic background in the
form of different overviews concerning audience market
shares for television and video online. This data puts the
legal information into an everyday context.
The fourth and final part seeks to tie together the common
threads in state regulation of media power , to work
out the main differences and to hint to some unusual
solutions . Here and there it will weave in aspects of EU
law that have influenced the national legal frameworks.
This IRIS Special issue is a milestone on the way towards
greater transparency in the audiovisual sector concerning
the regulation of market power. It also highlights
the challenges of regulating converged markets
and related market power.
This comprehensive and timely analysis clarifies the complex
subject of the regulation of market power across Europe.