Document Type

Article

Disciplines

International Law

Abstract

In 1989, the Commission passed the Telecommunications Terminal Equipment Directive that required the withdrawal of exclusive and special rights given to certain undertakings in an attempt to introduce more competition into the European telecommunications market. This Note examines the status of telecommunications competition after the ECJ decided the telecommunications terminal equipment case, France v. Commission," in March of 1991. First, the Note looks at the national efforts of each of the twelve Member States to open their borders to telecommunications competition. Next, it describes EU efforts to support telecommunications competition in the Common Market. Third, the Note determines the positions of the institutions of the European Union by surveying case law. Fourth, it analyzes the ECJ's judgment in France v. Commission with attention to the opinion of the Advocate General. By studying legislation and telecommunications market activity in the EU after France v. Commission, the Note examines the effect this decision has had on telecommunications competition. Finally, the Note contends that although the outcome of France v. Commission enhanced the authority of the Commission, the ECJ's decision has had little effect on the manner in which Member States use their telecommunications monopoly authority and therefore concludes that stateowned telecommunications monopolies will continue to survive despite efforts to quash them.

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