Preface

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PREFACE

The Telecom and Antitrust Handbook is intended to serve as a

comprehensive review and analysis of the application of antitrust law and

principles to the communications industries 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 the industry both unique and challenging

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

applicable to the communications industries, including: horizontal

mergers (Chapter II), vertical mergers (Chapter III), joint ventures

(Chapter IV), and restraints of trade (Chapter V). Monopolization and

immunity issues have become particularly challenging for the telecom

antitrust plaintiff following the Supreme Court’s decision last year in

Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, 540

U.S. 398, 124 S. Ct. 872 (2004). These issues are dealt with extensively

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

VII).

The Handbook also includes a thorough treatment of consumer

protection issues in the telecom and communications industries (Chapter

VIII), including slamming, cramming, and the recent implementation of

spam legislation, as well as a chapter on international issues (Chapter

IX). Appendix A contains a comprehensive and we hope understandable

discussion of various communications networks and should be of

particular interest to the antitrust practitioner with only passing

familiarity with communications networks. The book also includes a

second appendix (Appendix B) that contains a more detailed discussion

of several economic concepts that are introduced in Chapter I.

It is our intent and hope that the Telecom and 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: