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Updated: May 14, 2012 (Initial publication: May 6, 2012)

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The Telecom Regulatory Authority of India (TRAI - भारतीय दूरसंचार विनियामक प्राधिकरण) issued on 2 April 2012, recommendations for the auction of spectrum for 3 G mobile operators.

As in all systems of telecommunications in the world backed to a liberalized market, the one organized in India foresees the granting of licences to operators. It is the Government that allocates licenses, but it is the regulator (the Telecom Regulatory Authority of India - TRAI) that provides the financial terms to set the price of the licenses. On May, 2 2012, the regulator has proposed to use the auction method. The association of operators protested. This method led indeed generally priced higher than other methods of pricing of licenses assigned.

Updated: May 14, 2012 (Initial publication: May 8, 2012)

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A new Director General of the Telecommunications Agency is appointed in Côte d'Ivoire to prepare for the creation of an independent administrative authority.

Economic regulation systems only work if regulators are independent, which implies in a minimal way that they are not corrupt. Few countries meet this basic requirement. Côte d'Ivoire has a telecommunications Agency, which is a State Corporation. By order of March 21, 2012, the Government creates the telecommunications regulatory authority. On May 4, 2012, the Board of Directors of the Agency of telecommunications convened to an extraordinary session and put an end to the mandate of its Director General, because of "serious shortcomings observed in the performance of his duties". He was immediately replaced by a telecommunication engineer, previously technical adviser to the Ministry. He was assigned the mission of preparing the transition of the system to an effectively independent, autonomous and impartial regulator.

Updated: May 14, 2012 (Initial publication: May 7, 2012)

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The China Securities Regulatory Commission (CSRC) gave on May 4, 2012 his approval for an initial public offering of China Postal Express & Logistic, Chinese subsidiary of the postal service.

China begins to emerge from an administered economy. This applies as well to public services as to its method of financing of the economy. That is why is noteworthy the decision of listing of the subsidiary of Chinese subsidiary of the postal service, dedicated to postal express and logistic. Indeed, the Chinese financial regulator, the China Securities Regulatory Commission (CSRC) admitted on 4 may the listing of this one on the Chinese financial market. But, not only the purpose is to list an activity, certainly competitive, but organically attached to a public service, but also it's about to list a very important company. This occurs, and then while few Chinese companies are currently listed. In a single event, a double movement occurs: confidence in the mechanism of the financial market and the growing liberalisation of public services.

Updated: May 10, 2012 (Initial publication: May 5, 2012)

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The Basel Committee opens on 3 may 2012 a consultation on the qualification of "trading", which calls a specific prudential regulation

The financial crisis and the banking technology shows that the "trading" is specific. This is why the Basel Committee estimates that it appropriate to regulate banks trading activity in a specific way. But it is difficult to characterize the activity of "trading" and actual banking activity itself. Trading is limited to negotiation; it justifies less equity as security, since it does not present credit risk. But this characterization even is questionable. This is why a consultation opened on May, 3 by the Basel Committee, and the qualification, and the classification of operations, and the measures of prevention of risks to be taken by specific prudential measures. Responses can be made until September 7, 2012.

Updated: May 9, 2012 (Initial publication: April 11, 2012)

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The European Commission reports on the application of the directive protecting the financial market against laundering activities

The European Commission published on April 11, 2012, a follow-up and summary report of on the application of the third directive "Anti-Money Laundering " which gives a community value to on international standards adopted by the Financial Action Task Force (FATF). This is to protect the financial system against the money laundering. The report assesses the effectiveness of the application of the directive and points out the need for change. The Commission requests that the standards for the detection of risk of money laundering are better targeted and oriented in the gambling sector. It also suggests that tax offences be regarded as offences of money laundering. As individuals, the report requires to banks and other professionals to increase their due diligences requirements. It also covers the "persons politically exposed", that is - to say those may be corrupt. The report finally requests a special assessment on the application of the Directive to independent legal professionals, including lawyers, subject to the legal obligation to report .

Updated: May 9, 2012 (Initial publication: April 12, 2012)

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The Italian Ministry of Economic Development said the frequencies of terrestrial digital television will be auctioned

On April 10, 2012, the Italian Ministry of Economic Development, Mr Corrado Passera, declared that the frequencies of digital terrestrial television (DTT) have a significant economic value and that it is not fair that the State, which owns it, gives them for nothing. This is why Mr Corrado Passera will implement the policy decision announced by the Council President, Mario Monti, who want to organise auctions to sell these frequencies to the highest bidder. "The auctioning will be made by frequency packages". The model of auctioning will be the same as that followed for the 4th generation mobile phone frequencies. In France, the frequencies are sold in telephony, but not in audiovisual material.

Updated: May 9, 2012 (Initial publication: April 13, 2012)

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Release work: Droit et régulations des activités économiques : perspectives sociologiques et institutionnalistes (English translation: Law and regulations of the economic activities: sociological and institutionalist prospects)

Bessy, Christian, Delpeuch, Thierry, Pélisse, Jérôme (dir.), Droit et régulations des activités économiques : perspectives sociologiques et institutionnalistes (English translation: Law and regulations of the economic activities: sociological and institutionalist prospects). Maison des sciences de l'homme- Réseau européen Droit et Société, coll. "Droit et Sociétés - Recherches et Travaux", t. 24, LGDJ, 2011, 320 p.

Updated: May 9, 2012 (Initial publication: April 14, 2012)

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Bioethics versus Innovation: the European Court of Justice (ECJ) restricted the patentability of the uses of stem cells

The European Directive of 6 July 1998 on the legal protection of biotechnology inventions excludes the human embryo of the mechanism of the patent. A patent is filed in Germany on purified brain stem cells. German Federal Patent Court cancels the patent, because it would be on the human being. The one who filed the patent appeals, arguing that a text that refuses the patentability of the embryo is not about stem cells. Asked for a preliminary ruling by the National Court, the European Court of Justice (ECJ) delivers, in a Grand Chamber a judgment on October, 18 2011, asking that the Directive by designating the human embryo has designated the mechanisms of cell division. This extensive conception leaves a possible place for the stem cells. They can therefore be also excluded from patentability.

Updated: May 9, 2012 (Initial publication: April 15, 2012)

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Release work: The Politics of precaution: Regulating Health, Safety and Environmental Risks in Europe and the United States

Vogel, David, The Politics of precaution: Regulating Health, Safety and Environmental Risks in Europe and the United States, Princetown University Press, 2012, 332 pp.

Updated: May 9, 2012 (Initial publication: April 17, 2012)

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The disproportion of the remuneration of the corporate officers in the United States raises doubts about the ability of the regulator to enforce the Dodd-Frank Act

The pay affected by the first hundred American companies to their best paid corporate officersrepresent more than 2 billion, notably because they include stock options. For the moment, the provision of the Dodd-Frank Act requiring companies to publish the ratio between the remuneration of the officers and the average remuneration of employees, whose the Securities Exchange Commission (SEC) must control effectiveness, is not currently observed.

Updated: May 9, 2012 (Initial publication: April 17, 2012)

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Following the recommendation of consulting firms, the General meeting of Citigroup issued an unfavourable opinion concerning the remuneration of the Chief executive officer (CEO)

It was expected that the CEO of the Citigroup Bank receive for 2011 a salary of 15 million, a part immediately, and the other part deferred, and approximately 155 times the average earnings of employees, and while the Citigroup stock price fell from 45% in 2011. Consulting firms advised shareholders to express an unfavourable opinion to this draft resolution, presented in the General Assembly by the Board of Directors of the Bank under the Dodd-Frank Act. Two Consulting firms advised to deliver a negative vote, believing that compensation was disproportionate. Shareholders followed this advice.This is the second time that a such disapproval is expressed.

Updated: May 9, 2012 (Initial publication: April 18, 2012)

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The Autorité française de régulation des jeux en ligne (ARJEL -The French Online Gaming Regulatory Authority) notifies the European Commission a ex post method for verification of changes of gambling software

Online gambling operators must receive the approval of The Autorité française de régulation des jeux en ligne (ARJEL -The French Online Gaming Regulatory Authority) before exercising. It is a priori control that is to say, ex ante, specific of the regulation mechanism. But litigation were born about updates of licensed software, the update requiring a new legal approval. Regulatory authority has just notify to the European Commission on April 15, 2012 the new system that it implements: the authorised operator may modify the software originally certified and will merely notify the Regulatory authority. If it considers it necessary, the Regulatory authority may require that the operator requests a new registration. The system becomes a "semi-ex-post" supervision .

Updated: May 9, 2012 (Initial publication: April 19, 2012)

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The "Autorité Française de Régulation des Activités ferroviaires" (ARAF) – (French Rail Regulator) consults on projects of framework agreements between RFF ("Réseau Ferré de France") and railway undertakings

The French Rail Regulator entrusts a public undertaking, RFF ("Réseau Ferré de France"), the management of the railway infrastructure. It must therefore enter into contracts with the railway undertakings to have rail transportation. European laws provide that these contracts must follow on the one hand, the specific legal provisions, and on the other hand the "network statement ". In addition, framework agreements determine the distribution of the allocation of capacity of the infrastructure between transport undertakings, schedules and prices. The regulator must give a reasoned opinion on these agreements. The notice is only optional, binding neither the State nor the parties. RFF ("Réseau Ferré de France") has developed a project of framework agreement and transmitted it to the autorité française de régulation des activités ferroviaires (ARAF) – (French Rail Regulator). It has chosen to open on 17 April a public consultation, with on its website the project of framework agreement, allowing any stakeholders to express themselves on the duration, pricing, transparency and confidentiality, and also the contractual balance of such an agreement. The consultation will be closed on 4 June and the autorité française de régulation des activités ferroviaires (ARAF) – (French Rail Regulator) will then deliver its opinion.

Updated: May 9, 2012 (Initial publication: April 20, 2012)

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The Algerian Telecommunications Regulator prohibits promotional offers for prepaid contracts of subscriptions including mobile terminal

The Algerian population is heavily access the mobile phone. Operators had designed special offers, including the terminal itself and a "pre-paid" said contract, the subscriber having a consumption credit, thereby decreasing by the use. The Algerian Telecommunications regulator, by a decision of March, 7 2012, has purely and simply prohibits this type of offer, while she oversees other type of promotional offers. This prohibition is criticized in that it breaks the dynamics of the market, 95% of the customers do not have the opportunity to access to another service than prepaid subscription and being excluded from access to the mobile terminals. It is advocated by others, that only subscriptions giving rise to payment after the use correspond to a mature market, with creditworthy customers and more complex services. The regulator did not intend to speak on this issue.

Updated: May 9, 2012 (Initial publication: April 23, 2012)

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The Conseil Supérieur de l'audiovisuel (CSA)-(French audiovisual regulatory) consults on the issue of the free dissemination of extracts from sports competitions, or any event of great interest to the public, including on the Internet

The French Act of 1 February 2012 "to strengthen the ethics of sport and sports rights" has sought to resolve the issue of the use of short excerpts from sports other than broadcast rights holders. Prior to this, only a code of conduct existed, the uncertainty remaining, and also about the dimension of the extract and the support of the extract. The Act is now related to the extract in any medium, including the Internet, and gives the power to establish specific rules to the Conseil Supérieur de l'audiovisuel (CSA)- (French audiovisual regulatory). Furthermore, the Act of May 17, 2011 has extended the right to free diffusion in any event a great interest to the public. The Conseil Supérieur de l'audiovisuel (CSA) – (French audiovisual regulatory) has opened on April 4, 2012, a public consultation. It will be closed on 18 May.

Updated: May 9, 2012 (Initial publication: April 24, 2012)

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The "Association Française pour le Nommage Internet en Coopération" (AFNIC- the French Co-operative Association for Internet Names) allows the use of new characters.

In the same way that internationally, a private association ICANN, operates on Internet domain names, a number of domain names that are more specific to the France (such as "free" or "pm.") are managed by L’Association Française pour le Nommage Internet en Coopération (AFNIC- the French Co-operative Association for Internet Names). This association is composed of individuals but also of representatives of ministries. It has the normative authority of "naming", i.e. the power to allow the use of such or such letter. The alphabet is a convention, a set of standards as one another, also arbitrary and binding than another, also ideological and powerful than another. However, so far, only "low" letters could be used, it is - be a latin alphabet without accent. From May, 3 2012, the accents will be allowed. That is progress, that the association it's justified by the aim at becoming closer its standards of the French language and surnames.

Updated: May 9, 2012 (Initial publication: April 25, 2012)

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The European Commission disapproved of the project of asymmetric tariff regulation for new entrants of mobile telephony, conceived by The French telecommunications and postal regulator (ARCEP ­– Autorité de regulation des communications électroniques et des postes)

The French telecommunications and postal regulator (ARCEP ­– Autorité de regulation des communications électroniques et des postes) has prepared a project of pricing of mobile call termination, that is to say the amount that an operator must pay to reach another user. Thus, when a subscriber of Orange mobile calls a subscriber of Free mobile, Orange gives money to Free. Inversely, when a subscriber of Free mobile calls a user of Orange mobile, Free gives money to Orange. The regulator notes that Free mobile, new entrant, have less subscribers than the three operators, and will therefore receive less money than the others. It's the reason why, it justify to his advantage a temporarily higher pricing, the time it finds its place in the competitive market of mobile phone. On April 12, 2012, the European Commission publicly expressed that the principle of an asymmetric pricing policy is insufficient. The French telecommunications and postal regulator (ARCEP – Autorité de regulation des communications électroniques et des postes) has responded by standing that the principle of asymmetrical pricing was not sufficient and that justifications will be provided.

Updated: May 9, 2012 (Initial publication: April 26, 2012)

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The Autorité française de régulation des jeux en ligne (ARJEL — French Online gambling regulatory authority) reminds gambling operators that they cannot provide players prepaid payment card.

People playing online can pay by payment card or credit card. Licensed gambling operators created cards for prepaid usage, likely to be sold in advance to the players. On 18 April 2012, The Autorité française de régulation des jeux en ligne (ARJEL — French Online gambling regulatory authority) examined this practice. The regulator has relied on article 17 of the Act of May 12, 2010, law that organises the system of online games. It specifies that the player account cannot be supplied by the owner by an instrument of payment issued by a "payment service provider". The regulator noted that games operators are not payment service providers and concluded, in a restrictive interpretation, that this practice must be stopped immediately. The regulator confines itself in its decision to "remember this point" to the operators. This is sufficient because if they overlook, the Commission of the sanction of the Autorité française de régulation des jeux en ligne (ARJEL — French Online gambling regulatory authority) online, examined this practice will be there to raise the voice.

Updated: May 9, 2012 (Initial publication: April 27, 2012)

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Moroccan Bill aimed at increasing the independence of the financial regulation is adopted by the Council of the Government

The Morocco is overhaul its system of financial regulation. The Dahir related the Regulatory and Public Offering Authority was approved by the Council of the Government on April, 11 2012. The Conseil déontologique des valeurs mobilières (CDVM) - Council for the Code of Ethics in Securities is now called l’Autorité Marocaine du marché des Capitaux (AMMC) (the Moroccan Authority of capital markets). The Bill justifies the change of name and the use of the word "authority" by the wish expressed to ensure the independence of the Regulatory Authority and the reference to its monitoring power. This is takes the form of new powers for the Regulatory Authority which allows it to require information and sanction infringements. The Regulatory Authority establishes the standard form that any corporation interest in conducting a public offering must complete to receive the approval from the Regulatory Authority. The use of inside information is prohibited. The Bill organises the regular dissemination of information on the initiative of companies which conducted a public offering.

Updated: May 9, 2012 (Initial publication: April 29, 2012)

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By Decree of April 19, 2012, the Director General of the Senegalese telecommunications Regulatory authority was dismissed

The elections in Senegal bring in power a new President of the Republic. Almost immediately after, the Director General of the Autorité de Régulation des Télécommunications et des Postes (ARTP) – (Regulatory authority of telecommunications and posts) is replaced. It took the form of a Decree of April 19, 2012. The new Director General is Mr Ndongo who is Telecommunications engineer.

Updated: May 9, 2012 (Initial publication: April 30, 2012)

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The vote in the US Congress of an Act allowing the National Security Agency (NSA) to have access to data owned by Internet operators on April, 23 2012, was pushed back sine die.

Two North American representatives to the Congress introduce a Bill organising exchanges of information between private undertakings, mainly the Internet Service Providers, social networks, search engines and the National Security Agency (NSA). The purpose is to protect sites against cybercrime, espionage, etc. Undertakings expressed their disagreement regarding the previous project aims at organising the access to their data stored in favour the FBI (the Federal Bureau of Investigation) to serve the security of the country, are this time in favour of the Bill, because it protects their systems, but the associations of the defence of fundamental freedoms are opposed, by referring to the fourth amendment, which protects every citizen of any non-motivated order for seizure. Fixed on April, 23 2012, the confrontation have since been gained strength, the registration to vote was cancelled and postponed sine die.

Updated: May 9, 2012 (Initial publication: May 3, 2012)

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The UK telecommunications regulatory authority (Ofcom) intends to withdraw to BskyB its broadcasting licence due to the possible illegal phone tapping.

The press and television Murdoch group is sued for getting information in an illicit manner, by violating the privacy of personalities, having established connections within the police in order to be informed, etc. Concerning, the television media, activity can be practised because of the prior allocation of a broadcasting license by the regulator. However, the British regulator Ofcom, said April 24, 2012 that he was studying the question of whether the operator could maintain its license in view of the findings made during the parliamentary investigation establishing phone tapping fixed by it.

Updated: May 9, 2012 (Initial publication: May 4, 2012)

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On 2012, 22 March, the Council of the OECD adopted the Recommendation of the Council on Regulatory Policy and Governance

This Recommendation is an international instrument to address regulatory policy, management and governance as a whole-of-government activity that can and should be addressed by sectoral ministries, regulatory and competition agencies. A copy of the Recommendation can be obtained here.
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