Conflicts between Competition Law and Regulation in the EC Electronic Communications Sector: An Analysis of the Institutional Framework

Abstract

The EC regulatory framework in the electronic communications sector is characterized by the concurrent application of competition law and sector specific regulatory rules. An institutional defect of this dual-regulatory model is the risk of duplication of procedures between competition authorities and regulatory authorities. The 2002 regulatory package issued by the European Parliament and Council of the European Union for electronic communications services and networks makes a great contribution toward resolving the institutional conflicts between the two groups of institutions by establishing a cooperation mechanism. However, the imperfection of the current cooperation mechanism may not fully eradicate institutional conflicts. This paper offers some thoughts on a potential reform of the current cooperation mechanism between competition authorities and regulatory authorities with regard to the residue institutional conflicts.