Legal Issues Concerning Remedies in Network Industries

Abstract

This paper attempts to make a global assessment of remedies imposed in the various network industries (post, telecommunications, energy, etc.) under European competition law and sector-specific regulation. As far as the substance of these remedies is concerned, there is a trend to view remedies as an isolated analytical element, with the risk that any increase in the perceived coherence of remedies from one case to the other would be done at the expense of the coherence between the substantive analysis and the remedy in each individual case. Furthermore, the paper discerns a number of dynamic features (weakness of Article 82 EC, tendency of regulation to self-perpetuate, need for constant review) which make it difficult to apply proper remedies in network industries. Finally, the paper touches upon problematic institutional issues, such as the tension between need for cooperation between authorities and need for authorities to justify their existence.

Keywords: Remedies, Competition Law, Regulation, Network Industries, European Law

JEL Classification: K21, K23, L43, L90