Legal Issues Concerning Remedies in Network Industries

19 Pages Posted: 2 Nov 2005

See all articles by Pierre Larouche

Pierre Larouche

Université de Montréal; Center on Regulation in Europe (CERRE)

Date Written: January 16, 2004

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

Suggested Citation

Larouche, Pierre, Legal Issues Concerning Remedies in Network Industries (January 16, 2004). Available at SSRN: https://ssrn.com/abstract=832025 or http://dx.doi.org/10.2139/ssrn.832025

Pierre Larouche (Contact Author)

Université de Montréal ( email )

Montreal, Quebec H3T 1B9
Canada

Center on Regulation in Europe (CERRE) ( email )

Rue de l'Industrie 42
Brussels, 1040
Belgium

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