The changing nature of the decision-making activity of the European Court of Justice and the regulatory approach of the European Commission in the field of telecommunications regulation

Alice Selby, LL.M., Senior Regulatory Counsel, T-Mobile Czech Republic a.s., Czech Republic

For more than ten years I have been working as a lawyer in the telecommunications industry (I will stick to the traditional term “telecoms/telecommunications” instead of the only recently introduced term “electronic communications”) with focus on telecoms regulation, both sector-specific regulation as well as general competition-law regulation. In this article, I would like to look closer at the trends I have recently identified in the decision making activity of the European authorities, which might be generally called as politicisation of the activities. In particular, it can be described as a shift from a traditional legal positivism towards decision-making activities which are politically based or motivated. Based on my long-term experience with the way the telecoms sector works and is regulated, I drew my conclusions from the latest developments in the sector. I would like to point out that this article presents only my personal views and does not in any way represent the views of T-Mobile Czech Republic a.s.

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Czech Republic Competition Telecommunications January 2009 Vol. 2, No. 6, Winter 2009

Alice Selby


Alice Selby, LL.M., graduated from the Charles University Faculty of Law in 1994. In 1998 – 2001 she succesfully completed her Telecoms Management studies at the Cable & Wireless College in Malta and the United Kingdom. She subsequently cooperated with the College as a lecturer for the Telecoms Regulation module. This year she graduated from Masaryk/Notingham University, with the LL.M. degree in Commercial Law. She works as a senior regulatory lawyer for T-Mobile Czech Republic a.s.

T-Mobile Czech Republic a.s.


T-Mobile Czech Republic a.s. is the Czech subsidiary of T-Mobile International AG, which is owned by Deutsche Telekom. T-Mobile is part of one of the largest mobile telecommunications companies in the world. Deutsche Telekom's subsidiaries and affiliated companies serve over 120 million mobile customers worldwide. Besides its subsidiary in the Czech Republic, it operates mobile telecommunications companies in Great Britain, the United States, Germany, Austria, the Netherlands, Poland, and other countries. T-Mobile’s main business activities include operation of a public mobile communications network and provision of mobile network communications services to the public. T-Mobile’s network serves more than five million customers in the Czech Republic.

Czech Republic Competition Telecommunications January 2009 Vol. 2, No. 6, Winter 2009

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