Giacinto Della Cananea

Regolazione del mercato e tutela della concorrenza nella risoluzione delle controversie in tema di comunicazioni elettroniche

  • Abstract

Informations and abstract


The transition from a system of telecommunications founded on original reserved power to one founded on freedom of competition does not influence just the relations between public power and businesses, but also the relations entertained between the latter and users. In this respect, the procedures for the non-jurisdictional resolution of controversies assume importance. They are not just a corrective to a system where for too long the supply of justice has hinged on the judges. They also serve to safeguard collective interests, for the promotion of new technologies and the protection of consumers. However, the regulation in force is unsatisfactory in more than one respect, including the procedural rules, the inadequate protection of third parties and the powers assigned to the regulatory Authority. Therefore, there is a need to adjust the normative framework to also take into account the choices made in the other systems that are part of the European Union.

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