190
12
operators to use the incumbent’s connection. This is called
local-loop unbun-
dling (LLU). LLU became mandatory in the USA in 1996 (Telecommunica-
tions Act of 1996) and the European Union in 2001.
5
It is difficult to regulate markets with strong network effects. The reason is that
the network effects tend to create de facto monopolies. If antitrust legislation is
used to divide such monopolies into two or
more independent competitors, the
same network effects are again likely to turn this market into a new monopoly
with only one of these companies surviving the competition. For the same
reasons, it is also fruitless to economically or regulatory stimulate a new
.
Table 12.1 Lock-in and regulations in the digital economy. (Authors’ compilation)
Lock-in
mechanism
Regulation
Switching barriers if not
regulated
Regulatory actions
Spare parts
and
mainte-
nance
Impossible
Expensive for the
customer
Training
Impossible
Expensive for the
customer
Incompat-
ibility
Some
regulations but
mostly
un
regulated
Expensive for the
customer unless in
regulated cases
Interoperability
is required by
law in certain cases (telecom-
munications networks) and
between ASPs and ISPs
Loss of
information
Impossible
May be expensive for
customer; in many cases
psychological
barriers
Economical
lifetime
Impossible
Expensive for customer
Contracts
Possible
May be expensive for
customer
May be regulated by law
(SIM-lock
and number
portability)
Loyalty
programs
Possible
Psychological
barrier
Some loyalty programs may be
illegal by law
Bundling
Possible
Psychological barrier
May be illegal by law in some
cases, e.g., bundling of ASP
services provided by market
dominating ISPs
Search
algorithms
Possible
Convenient for the
customer
Not regulated
Product
tying
Possible
May be impossible to
escape in many cases
Generally forbidden but there
are
exceptions
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