he consumer, who is faced with a stark choice – accept the offer or be denied the e-service. Also, if companies do go bankrupt, the argument is that a new company will quickly fill the void in the market. In essence, companies argue that a laissez-faire attitude should be adopted by the competition regulators. Conversely, the competition regulators argue that precisely because the internet is an emerging technology, social controls should be introduced to prevent the so-called digital divide between the ‘have nets’ and the ‘have nots.’ The form such social control should take is controversial. Should the new technology sectors be regulated in a similar vein to the telecommunications regime or should the market be liberalised and subject to the minimalist touch of competition law and policy?
Competition law is designed to foster innovation and lower prices for the consumer. The new technology sector is characterised by innovation and the development of new products. The potential danger is that the high consumer demand for new products will be abused by the new technology companies. In the rush for the next ‘must-have’ gadget, the companies will be able to set their own price, independent of competitors, consumers and customers. Services may also be product or technology dependent. The service may only be available through a particular mobile phone, PC, games console or digital TV. Only a small number of service providers (as an example se英语论文网 【http://www.51lunwen.org】e the phenomenon of mobile phone roaming and the introduction of 3G telephony) may possess the technology to be able to provide the service and this then makes the market oligopolistic and possibly anti-competitive, if the companies decide to act collusively. Advances in the new technology may require the purchase of upgraded hardware, thus reinforcing the customer’s buying preferences.
The jury is still out on whether the internet will foster or hinder competition. On the one hand, the abolition of geographical boundaries will lead to greater economies of scale for the internet retailer and thus lead to lower prices. Conversely, vertical agreements are useful for penetrating new markets and providing continuity of supply and a dedicated after sales service.
High technology companies may reduce prices as part of a predatory pricing policy designed to drive out existing competitors or indeed to deter new entrants.
Other issues are standardisation of the technology/product standards and operating systems. Once the product has been purchased, the issue of obsolescence and/or interoperability becomes significant.
Business to Business Services (B2B), such as Online Exchanges, are potentially anti-competitive. They act as information exchanges and as such can increase the level of trade, however, if the information is very detail
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