Sector Specific Regulation vs. General Competition Law

Abstract

The Communication sector is covered by a comprehensive system of sector specific regulations and general competition law, with significant elements of overlaps. In general, the two sets of regulations are considered to be complementary. However, in any legal system there is an inherent tension between two different, but nevertheless similar, systems of regulation to which a further dimension is perhaps added by the interplay between national and Community powers. Further, with the adoption of the current Framework it’s established that ex ante regulation should complement competition law and be applied only where it is established that ex post competition law is insufficient. The regulatory framework does not, however, give guidance to the National Regulatory Authorities (NRAs) on how to decide when regulatory intervention should be preferred to competition law. This appears to be left to the NRA to solve, in consultation with the National Competition Authority (NCA) in each Member State. This paper offers some thought to the dubious relationship between sector regulation and general competition law, without seeking to exhaust the discussion.