1. Introduction During the last 25 years, both on developed and developing countries, there has been a sound experience of restructuring, deregulation and privatization of sectors that were previously regulated monopolies and most of the times also state-owned. Reasons behind this trend were manifold: technology changes, poor performance of regulated firms and a general ideological shift towards markets are among the most important. A central feature in debate for network sectors concerns unbundling. The most common argument in favor of integration was basically twofold: it would be a solution to overcome, at least partially, double marginalization and it would give incentives to upstream investments (Hoffler and Kranz, 2008). Since the 90's and for most European network industries, the main political question--Should vertical integration be allowed?--has been replaced by two others: * How far that separation should go? * Should the same policy principles apply to all network industries, namely public utilities? In the communications sector most of the European countries already implemented accounting separation and the present debate is about functional separation. UK introduced it in 2006. Sweden and Italy followed this policy aiming to encourage retail competition. However, in other European countries (Netherlands, for instance) regulators decided to maintain vertical integration, mainly arguing that the incumbent firms face competition from alternative networks. Based upon the evidence of unbalanced cost allocation by electricity firms between regulated and non-regulated operations, the European Commission introduced the 96/92 EC Directive which required the accounting unbundling of both generation and retail stages of the electricity value chain from the network business (transmission and distribution). Later on, the 2003/54/CE Directive went further requiring legal unbundling as there were serious grid access problems by non-integrated firms. Through their transmission business, integrated companies acted as barriers to market competition either favouring their own generators or through under investments on the transmission grid. Finally, in 2007, the Third Energy Package was proposed by EC in order to solve, among others, this problem which EU Energy Sector Enquiries proved to be major barriers to liberalisation. As it will be explained in section 4, the final outcome of this recent EC regulatory initiative was a compromise that still can give place to under investment on the grids. Therefore, at the moment, communications and electricity face the same question: how far should the unbundling process go? The main goal of this paper is to analyse the arguments under discussion, namely: 1. Which were the main reasons for different regulatory approaches in the past? 2. Presently is it possible to draw some lessons from one sector to the other concerning the effects of different regulatory approaches on competition and investment? Overall, we conclude that ownership separation is fairly influenced by the economic nature of each utility infrastructure. Vickers (1995) recognizes that the most significant contribution of ownership unbundling to competition in network industries is that it reduces the incentive to discrimination by a network operator which belongs to the same holding group of other generators and/or retail firms. There is empirical evidence on the increasing congestion of transmission networks with the development of wholesale markets and its negative impact on competition (Joskow, 2005a, 2005b and 2006). Also, Hirst (2004) refers that the dynamics of investment in transmission capacity is far from that of trading patterns. Ownership unbundling achieves competition in electricity wholesale markets, although it may eventually lead to a concentration increase of generation through mergers. As presented by Balmert and Brunekreeft (2009) the EC final political compromise on the unbundling issue of the transmission business may raise some complicated, unexpected problems on investments, one of the chief arguments which the 3rd Package proposal aimed to solve. …
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