The Role of Regulation in EU Competition Law Assessment

19 Pages Posted: 30 Jun 2021 Last revised: 6 Jul 2021

See all articles by Niamh Dunne

Niamh Dunne

London School of Economics - Law School

Date Written: June 21, 2021

Abstract

The relationship between competition law and regulation is a perennial question in competition policy. This article considers what happens when we apply competition law within markets already subject to a degree of alternative regulatory intervention—and, more specifically, how the presence of regulation can inform the antitrust assessment exercise. First, it asks why we might need, but also be reluctant, to apply competition law to market problems arising in regulated sectors. It then examines the potential impact of regulation within the task of competition law assessment from three overlapping perspectives: where regulation forms an integral part of the “legal and economic context”; where a regulatory standard applies to set the boundaries of competition on the merits; and where competition intervention functions as a means of “course correction” to the underlying regulatory regime.

Keywords: competition law, regulation, EU law

JEL Classification: K20, K21, K23

Suggested Citation

Dunne, Niamh, The Role of Regulation in EU Competition Law Assessment (June 21, 2021). LSE Legal Studies Working Paper No. 09/2021, Available at SSRN: https://ssrn.com/abstract=3871315 or http://dx.doi.org/10.2139/ssrn.3871315

Niamh Dunne (Contact Author)

London School of Economics - Law School ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

Do you want regular updates from SSRN on Twitter?

Paper statistics

Downloads
155
Abstract Views
469
rank
257,522
PlumX Metrics