Economic Regulation Issues June 2009

Review of Foreign Investment Rules
International Law Office, June 24, 2009

The government announced a review of the Overseas Investment Act 2005, which regulates foreign investment in New Zealand. The review aims to simplify the foreign investment rules making investment in New Zealand simpler and more attractive, while at the same time protecting sensitive land, assets and resources. <<More>>

Delayed Flights
International Law Office, June 24, 2009

The Federal Court of Justice of Germany has ruled again on the scope of application of the EU Denied Boarding Regulation (261/2004) regarding compensation and assistance to passengers in the event of a missed connecting flight. The court dealt with the question of whether a passenger who has missed his or her connecting flight due to an earlier delayed flight may claim compensation from the operating air carrier under the regulation.  <<More>>

A Conventional Bank to a Syariah Bank
ABNR, Counsellors at Law, June 26, 2009

Citing as the considerations the need of a strong banking institution to support the national economic growth and the need to develop a sound Syariah banking network as part of the national banking system, the Governor of Bank Indonesia recently issued BI Regulation No. 11/15/PBI/2009 regarding Conversion of a Conventional Bank to a Syariah Bank (“BI Regulation No. 11”).  <<More>>

BSkyB to offer content to rivals
Inthenews.co.uk, June 26, 2009

The UK's communications regulator Ofcom has called on BSkyB to make its premium channels available to other wholesalers. However, Sky has said the regulator is practicing "unwarranted intervention" in the industry, and will be challenging Ofcom's plans. The regulator published further consultation as part of its pay TV market investigation, in which it said it aimed to ensure consumers have an increased choice of supplier and platform.   <<More>>

Power Supplier under Probe
Accc.gov.au, June 18, 2009

The European Commission has opened a formal probe into the Swedish power transmission system operator Svenska Kraftnät. The utility, owned by the State, is accused of abusing its dominant position in the Scandinavian electricity market by limiting interconnection capacity to neighbouring countries. A statement by the European Commission suggests that the objective of this policy is to “favour consumers in Sweden over consumers in neighbouring EU States by reserving domestically produced electricity for domestic consumption.” <<More>>

ACCC rationalises telecommunications regulation
Accc.gov.au, June 18, 2009

The UK's communications regulator Ofcom has called on BSkyB to make its premium channels available to other wholesalers. However, Sky has said the regulator is practicing "unwarranted intervention" in the industry, and will be challenging Ofcom's plans. The regulator published further consultation as part of its pay TV market investigation, in which it said it aimed to ensure consumers have an increased choice of supplier and platform.  <<More>>

Air Passenger Rights Legislation Proposed
International Law Office, June 10, 2009

The protection of consumers and air passenger rights continue to be hotly debated in Canada. This update provides a summary of proposed federal legislation, which is contained in Bill C-310 - An Act to Provide Certain Rights to Air Passengers. If passed, the law would apply to air carriers that operate a domestic service or an international service, including international charters.  <<More>>

Spectrum and Dark Fibre Auctions
International Law Office, June 10, 2009

The Ministry of Communications, Mexico has announced that it has finalised the conditions for the auction of spectrum in the 1.7 gigahertz (GHz) and 1.9 GHz bands for mobile telephony and Internet access, mainly for both Global System for Mobile Communications and Code Division Multiplex Access technologies. The ministry's conditions are being reviewed by the Competition Commission. <<More>>

Non-life Insurance in the Regulator's Spotlight
International Law Office, June 04, 2009

The signing of a new agreement between insurance companies in the Caixa Geral de Depósitos group and Portugal's association of vehicle repair companies, the Associação Nacional de Empresas de Comércio e Reparação Automóvel, may require a thorough assessment by the authority. The agreement governs the commercial terms that apply if a policyholder chooses one of the association's garages for the repair of an insured vehicle. Therefore, formal proceedings in future cannot be ruled out. <<More>>

Ofgem finds its teeth in battle with National Grid
Utilityweek, June 05, 2009

At a time when Ofgem's confidence to let market forces prevail appears to be at an all time low, the recent decision by the Competition Appeals Tribunal (CAT) to uphold the regulator's finding that National Grid acted in breach of UK and EC competition law, must be welcome. The endorsement of the CAT should be taken by Ofgem - and other regulators such as Ofwat - as support for intervention in markets rather than increasing regulation. <<More>>

Commission Endorses Regulator's Decision
European Commission, June 08, 2009

The European Commission has endorsed Slovenia's telecoms regulator's (APEK) plan to require Slovenia's largest mobile operator, Mobitel, to continue to give competitors access to its network at regulated prices. Unlike most other EU countries, Slovenia's market for wholesale access and call origination services on mobile networks is still not effectively competitive.  <<More>>

Better and Diverse Services
International Law Office, June 03, 2009

On February 10, 2009 the Federal Telecommunications Commission published the Technical Plan for Interconnection and Interoperability in the Official Gazette. The plan sets out the terms and conditions for the regulation and promotion of interconnection and interoperability in the public telecommunications networks. Full interconnectivity, whereby all users can access all available services and applications, is one of the strategic aims of Mexico's National Development Plan. <<More>>

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