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


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: or

Niamh Dunne (Contact Author)

London School of Economics - Law School ( email )

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

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Abstract Views
PlumX Metrics