Other projects we worked on

The Dutch Ministry of Economic Affairs and Climate has asked e-Conomics, together with Radicand Economics, to write a paper about exclusionary conduct by digital platforms. The purpose of the paper is to feed the Dutch contribution to the European discussion about how to deal with dominant platforms.

Governments and policy makers are concerned about the market power of digital platforms and the associated risk of abuse and spill-overs into other markets. This may, for instance, happen through discrimination by digital platforms with a (dominant) gatekeeper position.

There is a risk that competition law has only a limited deterrent effect on incentives of digital platforms to act anti-competitively. Competition cases take a long time, and meanwhile the downstream market may already be monopolised, and the situation may be irreversible due to network effects. As such, the benefits of anti-competitive behaviour remain positive even after authorities have condemned and prohibited the platform’s behaviour.

This discussion paper explores if, when and which type of ex ante regulation may be desirable in such cases. While being aware that ex ante rules can be heavy-handed and may stifle innovation, the report also explores alternatives within the context of European Competition Law (Articles 101 and 102 TFEU).

see here for more information

Telenet asked e-Conomics to evaluate the BULRIC+ cost model used for setting wholesale access prices in Belgium. The report was used an input for Telenet’s “Response to the BIPT the consultation concerning tariffs for wholesale access to networks of cable operators”

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Liberty Global asked e-Conomics to write a report clarifying the scope of symmetric access obligations under article 61(3) of the European Electronics Communications Code (EECC).

Article 12(3) of the Framework Directive  (the EECC’s predecessor) set the conditions for imposing symmetric access obligations to in-house wiring. Access to outhouse wiring was typically regulated under the SMP framework. Article 61(3) of the EECC extends the scope of symmetric access obligations to outhouse wiring, which seems to result in an overlap between the frameworks for symmetric access obligations and SMP regulation.

Our report provides an analytical framework to assess the economic basis for imposing symmetric access obligations under Article 61(3) of the new European Electronic Communications Code (EECC).

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@ the Rijksacademie, e-Conomics and Radicand Economics provide a three-day training in understanding digital business models at the National Academy for Finance and Economics in the Netherlands . The training provides policy makers with the necessary insights in ‘platform economics’ which helps them in the process of policy transformation. The training consists of a mix of theory, case studies and assignments.

@ Neyenode Business University, e-Conomics provides executive training in digital business modelling. The lectures are unique in that they provide managers with the necessary insights in ‘platform economics’ which helps them in changing their views on what defines ‘value’ in a platform economy, who creates value and how, how can others challenge your value proposition, and how can you monetise (some) of the value which is created on a platform?

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e-Conomics, Radicand Economics and Ngrane joined forces in offering in-company workshops that helps organisations to i) sharpen an idea for a digital platform from the perspective of intended users; ii) translate this idea into a platform business model; iii) elaborate on the price model; and to iv) estimate potential sales

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The Belgian Telecom and Media regulators – together CRC – have reviewed the broadband and broadcasting markets in Belgium. Telenet hired e-Conomics, in partnership with Regulaid, to support JonesDay in drafting inputs for the consultation of this review.

 The analysis identifies the weaknesses in the regulator’s reasoning and provides alternative lines of argumentation with regards to the definition of relevant markets and the assessment of dominance (or ‘significant market power’).

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More and more data is becoming available, as are the applications based on data analysis.

Digitization of the economy and society as a whole has resulted in an increase in the amount of available data. Not just the volume and variety of data, but also the opportunities to analyse the data have multiplied. Moreover, technological developments in the field of artificial intelligence and machine learning have increased the possibilities for data analysis. “Big data” refers to this process. Big data provides companies with opportunities to improve the quality of their product or service, to offer new information services to consumers, and to personalise products and services. Although there are many benefits of big data, concerns have been expressed in the public debate that big data contributes to dominant positions for some market players. Such a dominant position can be detrimental to consumers and other companies.

The Dutch Ministry of Economic Affairs has commissioned Ecorys and e-Conomics to study the relationship between big data and competition from an economic perspective as this relationship has not yet been evaluated in a systematic way taking into consideration the specific policy context in the Netherlands.

see here for more information

Seminar organised by e-Conomics and CEPS: ‘Competition policy in the digital economy: Towards a new theory of harm’.’

The seminar is a follow up to 2015 report for the European Parliament on the Challenges for Competition Policy in the digitalised economy. Some questions were not fully answered by that study and the seminar tried to fill that void. More specifically, the 2015 report did not explicitly talk about a theory of harm in the context of the digital economy and the report did not dig deeply into role of data.

Presenters were Simon Hampton (Technology Policy Advocates) Alexandre de Streel (University of Namur), Daniel Knapp (IHS), Lapo Filistrucchi (University of Florence) and Jens Prüfer (Tilburg University). The seminar was closed with a round table discussion on the questions: how likely is it that a company can behave independent of its competitors in today’s digital economy? If so, what strategies can it use to abuse that position?

The Belgian Telecom and Media regulators – together CRC – are planning to review the wholesale markets for broadband and broadcasting in Belgium. The Belgian regional cable operators Brutele, Nethys, Sfr, and Telenet hired e-Conomics in partnership with Regulaid for support in the form of an independent analysis of the relevant retail and wholesale markets.

The analysis reflects how the broadband and broadcasting markets in Belgium have developed over the recent years and what are the expected midterm developments in these markets. The report analyses what these developments mean for the definition of relevant markets and the assessment of dominance, and (specifically for the broadcasting market) whether the three criteria are met such that ex-ante regulation is warranted.

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Supporting Telenet’s interactions with the Belgian Regulator (BIPT) regarding both Telenet’s and Proximus’ refusal to provide each other access to their networks. e-Conomics provided hands-on support to Telenet’s regulatory affairs department in answering questions posed by the BIPT. In addtion, e-Conomics provided two business case analyses:

1. the business case for Proximus to upgrade copper access networks to deliver 30+ Mb/s download speeds in low population areas, accompanied by an assessment of the percentage of Flemish households living in areas where such business case would be negative.

2. the impact of different access-to-copper scenario’s on Telenet’s ability to service the B2B market in Flanders as well in Brussels and Walloon.

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A report in response to the call for evidence by the UK House of Lords’ Internal Market sub-committee. The report was later also submitted as input for the European Commission’s consultation the regulatory environment of online platforms.

(together with Olga Batura, Prof. Pierre Larouche, and Lapo Filistrucchi).

The report provides an analytical framework for identifying and evaluating policy options in the digital economy

(together with TNO, Ecorys and IViR)

Second opinion on an impact analysis by the European Commission

Together with Prof. Andrea Renda

Study on ‘Future trends and business models in communications services and their regulatory impact’

The study investigates the competitive pressures that telecom operators experience from internet-based communication services. It finds that the use of online communication services (OCS) has grown tremendously and has led to a crowding out of mobile telecom revenues.

The study finds indications that end-users regard online and traditional communication services as substitutes. In order to face the competition, telecom operators have adjusted their revenue models from pay-per-minute/Mb to flat-fee all-you-can-eat subscription fees.

The study explores the opportunities for telecom operators to offer new (online) services and/or to develop new (advertisement based) revenue models. The introduction of new online services is not restricted by legal barriers. Nonetheless, no successful introductions have been observed. New revenue models may have more potential, but legal rules on privacy restrict telecom operators in using user data as a key asset. The asymmetric treatment of traditional and online services with regards to privacy and data protection seems difficult to justify as the associated risks are similar when using traditional or online communication services.

(together with Ecorys, TNO, Gartner and KULeuven)

Cross-competition among digital platforms

Workshop and workshop report for the European Parliament on the question: “should we avoid global information monopolies, and what place for European platforms?”

(together with Ecorys)

This study describes the challenges for competition policy in relation to the digital economy. It explores the specific characteristics of digital economy markets and how these characteristics impact competition policy. The study focuses on competition policy and its instruments such as anti-trust laws, merger regulation, State aid and sector regulation. Neighbouring policy fields such as copyright and data protection are outlined where important but not analysed in detail.

(together with Ecorys)

Patents and standards: a modern framework for IPR-based standardisation

Study for the European Commission on the questions: Why are there increasing conflicts related to Standard Essential Patents? What measures could lead to less conflict? And who should take action?

(together with Ecorys, TUDelft and TUEindhoven)

Future relevant market subject to ex ante regulation

Study for the European Commission to the question of what relevant markets should be closely watched by NRA’s between 2014 and 2020. The research and its conclusions were fully reflected in the Commission’s Recommendation on Relevant Market

(together with Ecorys, Idate and KULeuven)

see also here

Steps towards a truly Single Market for e-communications

Study and impact analysis for the European Commission on the barriers to the digital single market. The research is an important reference document for the Digital Agenda in Europe and the report provides the analytical foundation for the Commission’s Impact Assessment of the Single Telecom Market Regulation (Connected Continent).

(together with Ecorys, TUDelft and TNO)

Support BBNed, On-line (T-Mobile) and Tele2 during the consultation procedure regarding OPTA’s market analysis decisions in 2012.

(with Ecorys)

Wie biedt? (Who is bidding?)

Conference and position paper for KPN with a vision of a long-term spectrum allocation policy.

(with Ecorys)