Marie Potel-Saville

An interview by Ekipio on how to innovate in law, and legal design

A glimpse at Legal Design further to the Brain Factory and World Legal Design Summit in Helsinki in November 2017

On June 11th, 2013 a significant amendment to the Mexican Constitution known as “the new
Telecommunications Act”, which also a significantly impacts the competition regime, was enacted,
and will enter into force on June 12th..
The amendment is seen as resulting from the "Pact for Mexico", entered into by the major political
parties in December 2012. It mainly aims at leveling the playing field of the telecom and
broadcasting industry in Mexico, still dominated respectively by… Voir plus

On June 11th, 2013 a significant amendment to the Mexican Constitution known as “the new
Telecommunications Act”, which also a significantly impacts the competition regime, was enacted,
and will enter into force on June 12th..
The amendment is seen as resulting from the "Pact for Mexico", entered into by the major political
parties in December 2012. It mainly aims at leveling the playing field of the telecom and
broadcasting industry in Mexico, still dominated respectively by America Movil and Televisa, by
giving a newly formed telecom regulator the power to crack down on monopolistic practices and
keep telecom and broadcasting companies from controlling more than 50% of the market. But the
reform also entails significant changes on competition related matters, the competition authority
and its powers, which will have to be incorporated into the Mexican competition law in the near
future. Voir moins

Following a complaint by Axtel, one of the alternative telecom suppliers in Mexico, to the Mexican
Federal Competition Commission (the “FCC”) in 2010, against Telmex and its subsidiary Telnor (the
“Telmex Group”) for refusal to supply rental services of national short-and long-distance dedicated
links, the FCC opened an investigation which it concluded on January 31, 2013 by rendering a
decision in which it fined the Telmex Group more than MEX$ 657.4 million (approx. EUR… Voir plus

Following a complaint by Axtel, one of the alternative telecom suppliers in Mexico, to the Mexican
Federal Competition Commission (the “FCC”) in 2010, against Telmex and its subsidiary Telnor (the
“Telmex Group”) for refusal to supply rental services of national short-and long-distance dedicated
links, the FCC opened an investigation which it concluded on January 31, 2013 by rendering a
decision in which it fined the Telmex Group more than MEX$ 657.4 million (approx. EUR 39.5
million) for serious and repeated “relative monopolistic practices”. Voir moins

The French Gambling Act was initiated under a certain pressure from the European Commission, under the impulse of the Court of Justice case law, given that the compliance with EU law of the previous blanket prohibition of gambling in France was highly debated.
The new Act already provides that it will be revised in 18 months, but in the meantime, it seems worth analysing the Act in the light of 2 main objectives :
- is the new French regime now compliant with EU law, in particular with… Voir plus

The French Gambling Act was initiated under a certain pressure from the European Commission, under the impulse of the Court of Justice case law, given that the compliance with EU law of the previous blanket prohibition of gambling in France was highly debated.
The new Act already provides that it will be revised in 18 months, but in the meantime, it seems worth analysing the Act in the light of 2 main objectives :
- is the new French regime now compliant with EU law, in particular with Article 56 TFEU, and
-does the new Act enable an effective opening to competition? Voir moins