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The Relationship between Competition Law and Sector Specific Regulation: The case of electronic communications

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  • Alexandre de Streel

Abstract

This paper studies the convergence and the remaining divergences of European competition and sector regulation in the electronic communications sector. It shows that (1) antitrust authorities are justified to intervene more intensively in the electronic communications sector than in the other sectors of the economy; (2) the remaining divergences between antitrust and sector regulation should determine the scope of the later, hence sector regulation should be applied when there are structural (economic or legal) entry barriers or network effects; (3) contrary to the European practice, it is better to base sector regulation on an independent economic concept linked to the objectives of regulation (like the concept of ?bottleneck?); (4) National Regulatory Authorities should be cautious not to automatically extend a regulatory approach suited for infrastructures laid down under legal monopoly conditions to new Schumpeterian infrastructures.

Suggested Citation

  • Alexandre de Streel, 2008. "The Relationship between Competition Law and Sector Specific Regulation: The case of electronic communications," Reflets et perspectives de la vie économique, De Boeck Université, vol. 0(1), pages 55-72.
    • Handle: RePEc:cai:rpvedb:rpve_471_0055
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    Cited by:

    1. Van der Burg, Miriam & Van den Bulck, Hilde, 2015. "Economic, political and socio-cultural welfare in media merger control: An analysis of the Belgian and Dutch competition authorities’ reviews of media mergers," Information Economics and Policy, Elsevier, vol. 32(C), pages 2-15.
    2. Charlotte Ducuing, 2020. "Data as infrastructure? A study of data sharing legal regimes," Competition and Regulation in Network Industries, , vol. 21(2), pages 124-142, June.

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