Preface

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PREFACE

The Telecom Antitrust Handbook (2d ed.), is intended to serve as a

comprehensive review and analysis of the application of antitrust law and

principles to the communications industries, including telecom,

broadband access, and video programming distribution, for use by

communications and antitrust counsel in evaluating the myriad

competitive issues that arise in the communications marketplace.

The book guides the reader through the fundamental economic

underpinnings of communications networks that make substantive

analysis of antitrust issues in these sectors both unique and challenging

(Chapter I), transitioning to a discussion of substantive antitrust law

applicable to the communications industries, including: mergers (Chapter

II), joint ventures (Chapter III), and restraints of trade (Chapter IV).

Monopolization and immunity issues have become particularly

challenging for the telecom antitrust plaintiff following the Supreme

Court’s decision in Verizon Communications Inc. v. Law Offices of

Curtis V. Trinko, 540 U.S. 398, 124 S. Ct. 872 (2004). These issues, and

their evolution since the 2004 Trinko decision are dealt with extensively

in the chapters on monopolization (Chapter V) and immunity (Chapter

VI).

The Handbook also includes a thorough treatment of consumer

protection issues in the communications industries (Chapter VII), with

updates addressing the evolving treatment of consumer protection and

privacy issues in the online space. As with the first edition, the

Handbook includes a chapter on international issues that focuses on

Canada and the European Union (Chapter VIII), each of which has seen

significant regulatory and antitrust developments involving the telecom

sector since publication of the first edition. Finally, Appendix A contains

a comprehensive, and we hope understandable, discussion of the Net

Neutrality/Open Internet debate, which addresses the particularly

contentious issues surrounding the evolving regulatory and antitrust

principles applicable to broadband Internet access practices.

It is our intent and hope that the Telecom Antitrust Handbook will

serve as an important and useful tool for communications practitioners

who seek an introduction to antirust law, as well as for antitrust

practitioners who find themselves thrust into the telecom thicket.

This book is the product of the work of numerous individuals. We

gratefully acknowledge the contribution of the following: