Abstract

http://ssrn.com/abstract=2044722
 


 



The Regulation/Competition Interaction


Javier Tapia


Universidad de Chile - Centre for Regulation and Competition

Despoina Mantzari


University College London-Faculty of Laws

April 23, 2012

Forthcoming in Damien Geradin & Ioannis Lianos (eds.), RESEARCH HANDBOOK ON EUROPEAN COMPETITION LAW (Edward-Elgar, July 2012), Ch. 15

Abstract:     
Government regulation in markets is ubiquitous and takes many forms. In this paper we are concerned with two forms of such intervention- economic regulation and competition law and policy - and their relationship within the context of EU regulated markets (i.e. energy, telecommunications, water, railways). During the last 30 years, these sectors have gone through a major transformation (conventionally, but mistakenly called ‘deregulation’) that has altered both structures and legal frameworks. The causes of this reform mix a number of legal, economic, political and technological rationales that we group in two dimensions: institutional and substantive. From an institutional perspective, the old centralised system of control, focused exclusively on the state and the firms, has given place to a new equilibrium characterized by a multiplicity of actors and a decentralised regulatory paradigm. From a substantive perspective, the system is characterised by the use of competition law enforcement as a means to ‘control’ the outcomes of decentralisation. Within this setting, competition law has been used in a ‘regulatory fashion’ more than in any other jurisdiction. After thoroughly exploring these developments, we demonstrate that competition is not the antithesis of regulation, but a form of control, and further call for attention to the increased reliance on ‘regulatory antitrust’ in Europe.

Number of Pages in PDF File: 42

Keywords: Regulation, competition, institutions, competition law, energy, telecoms

JEL Classification: K21, K23, L33, L43, L94, L96, L97, L98

Accepted Paper Series


Download This Paper

Date posted: April 25, 2012  

Suggested Citation

Tapia, Javier and Mantzari, Despoina, The Regulation/Competition Interaction (April 23, 2012). Forthcoming in Damien Geradin & Ioannis Lianos (eds.), RESEARCH HANDBOOK ON EUROPEAN COMPETITION LAW (Edward-Elgar, July 2012), Ch. 15. Available at SSRN: http://ssrn.com/abstract=2044722

Contact Information

Javier Tapia (Contact Author)
Universidad de Chile - Centre for Regulation and Competition ( email )
Avda. Santa María 076 Piso 4
Providencia
Santiago
Chile
Despoina Mantzari
University College London-Faculty of Laws ( email )
Bentham House
Endsleigh Gardens
London, WC1E OEG
United Kingdom
HOME PAGE: http://www.ucl.ac.uk/laws/academics/profiles/index.shtml?rs_mantzari
Feedback to SSRN


Paper statistics
Abstract Views: 1,747
Downloads: 378
Download Rank: 42,796

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.610 seconds