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Critically examine the quote from the viewpoint of electronic communications law and regulation
Answered

(1) As an  alternative to antitrust and competition law, economic regulation can and has been established in three exceptional cases: (1) for those markets where it is clear that competition cannot be achieved by market forces

 

(2) Where deviation from efficiency is deemed socially desirable

 

(3) Where the social and private benefits are clearly different, since in each of these cases, it is clear that a market without intervention will not result in the desired outcome” (Economides, N. ‘Competition policy in network industries: an introduction’ in D W Jansen (eds), Competition in network industries: Past, Present and the Future (Edward Elgar Publishing 2006) 117-118 ). Critically examine the above quotation from the viewpoint of electronic communications law and regulation, supported by appropriate examples and reasoning.

Grading Criteria 

Presentation & structure

 

Includes:

Content / Knowledge

 

Includes:

Breadth / Depth & Integration of Sources

Includes:

Analysis, Synthesis & Evaluation

Includes:

Presentation of References

 

Includes:

 

Structure work to review the key issues and/or writers in the areas

 

Relate this review to the arguments underlying the question

 

Combine elements in different patterns in a structure which follows development of the argument

 

Use of legal and academic language to best effect

 

Present work in an academic format with extensive use of footnotes and well designedformatting

 

 

 

Properly identify all legal or other relevant issues raised by the question

 

Attach appropriate emphasis to each issue depending upon its significance in the discussion

 

State the law or other sources accurately and in appropriate detail

 

Provide a confident evaluation of potentially complex or contradictory issues towards a well reasoned and supported conclusion

 

 

 

 

Demonstrate an extensive   use of primary sources and secondary sources without over-reliance on secondary texts 

 

Aim for a sharply focused evaluation of the issues raised by the question

 

Integrate supporting material very concisely  and relevantly into your argument

 

 

Analysis:

Use your material to demonstrate your understanding of the significance of the different issues in the question

 

Synthesis:

Bring together the competing arguments within the question, providing an overall viewpoint in your conclusion

 

Evaluation: 

Assess the validity of competing arguments, reflect and come to conclusions on the validity of different interpretations or approaches

 

Use a full range of footnotes to cite your references from a wide range of reading

 

Ensure an accurate approach to referencing using the full range of resources available within the recommended system

 

Include all references in your bibliography

 

Use the OSCOLA referencing system – information available on Studynet under Learning Resources and the Law Subject Toolkit

 

 

 

 

Key tips: 

 

Ensure your work appears as well presented as possible by comparison with journal articles or other equivalent material you have researched 

 

Spell check your work and check for grammar and sentence construction

 

Ensure your spell checker is set to English UK

 

Write in clear English and avoid informal language

 

Avoid using personal pronouns, e.g. I, We, My.

 

Avoid inappropriate abbreviations, e.g. Can’t, doesn’t, they’re.

 

Key tips:

 

Aim for a balance of appropriate detail highlighting the issues from your sources depending on the significance of the issue to the answer

 

Aim for both synthesis and evaluation in your answer highlighting and identify any possible approaches to apparently irresolvable issues

Key tips:

 

For a higher mark you will need to show evidence of extensive reading  inprimary sources

 

Research as widely as possible to find relevant material to support your answer outside of those supplied to you through the module

 

Key tips:  

 

Review the instruction in the Question – synthesis and evaluation are likely to be the main focus

 

Ensure you address your answer to these aspects

 

In a problem question scenario, you need to analyse and then bring together the competing arguments for and against the party you are asked to advise by synthesis and evaluation in a comprehensive and detailed conclusion

Key tip:

 

Avoid plagiarism 

 

Ensure you use the maximum detail of the referencing system, including references quoted in other sources you have used

 

 

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