Regulatory Issues

RBB economists have worked with companies in the media, energy, telecoms, and transport sectors. Regulators have also employed this expertise in developing their own thinking on market liberalisation and reform.

Regulatory Issues case studies

Moody’s (2012)

RBB Economics advised Moody’s in relation to the European Commission’s proposal for new regulation and directive regarding credit rating agencies (CRA III)

UPC (2012)

RBB assisted Dutch cable operator UPC in the context of market assessments by Dutch telecom regulator OPTA. This included an assessment of the Dutch TV market, in which OPTA sought to impose access and tariff obligations on the Dutch cable operators. After a long process covering a number of years, two market assessments and appeal procedures before the Dutch court, OPTA ultimately decided that there was no need for regulatory measures, in particular in view of the increased competition between cable operators and operators of other infrastructures. OPTA’s decision was upheld in court – Judgment of the Dutch Trade and Industry Appeals Tribunal (CBb), cases AWB 12/161, 12/163 en 12/165

KPN (2011)

Dutch telecom operator KPN asked RBB for advice in a procedure relating to the Dutch telecom regulator’s assessment of the wholesale market for unbundled local loops (ULL). On the issue of market definition, OPTA concluded that local loops of fiber networks in business areas (FttO) would be part of the same relevant market as copper local loops and local loops of fiber networks in residential areas (FttH), and therefore that similar unbundling and access measures should apply to FttO networks. On appeal, the court found, also based on a report prepared by RBB, that OPTA had not proven FttO local loops to be part of the same market, and hence prevented OPTA to impose regulatory obligations with regard to FttO loops – Judgment of the Dutch Trade and Industry Appeals Tribunal (CBb), cases AWB 10/498, 10/536 and 10/545