Ko-Investitionen im Spannungsfeld zwischen Investitionsförderung und Wettbewerbssicherung

In order to promote investments in very high capacity networks, Articles 76, 79 of Directive (EU) 2018/1972 require the national regulatory authorities not to impose obligations for an undertaking designated as having significant market power if they engage in the joint deployment of networks that consist of optical fibre elements on the basis of so-called „co-investments“. The author analyzes how the joint deployment of very high-capacity networks can be effectively stimulated without neglecting the effects on competition by means of a detailed analysis of the highly complex regulation. The work not only establishes important guidelines for the interpretation and application of the new regulation, but also adresses the conflict between promoting investments and the demands of competition, and thus on one of the key issues of telecommunications law.