LAW & ECONOMY : REGULATION - INFRASTRUCTURES - NETWORK INDUSTRIES - REGULATORS - CONVERGENCE BETWEEN SECTORAL REGULATION AND COMPETITION

Regulation and Competition

This set of papers is derived from the training session organised by Concurrences Review that has held on 14th December 2010 in Paris. For M. Choné, auhor of the first paper, the regulation of infrastructures involves difficult economic challenges. Upgrading infrastructures and building new capacities require large outlays, especially in network industries. At the same time, network owners might try to foreclose downstream markets, thus preventing new entrants from climbing up the investment ladder. Both antitrust enforcers and sector-specific regulators aim to deter anticompetitive conducts while providing market players with dynamic incentives to invest. In practice, the interplay between regulatory law and competition policy is influenced by country-specific features of the legal and institutional environment. Mr. Sevy, economist and author of the second contribution wondered about the convergence between sectoral regulation and competition law.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Regulation and CompetitionInfrastructure regulation and competition policy PHILIPPE CHONÉ Professor, CREST-ENSAE 1. The process of opening former monopoly sectors to competition must allow for the development of infrastructure, while preventing the risks of foreclosure of markets by incumbent operators. These two concerns are shared by competition authorities and sector regulators. In practice, there is a wide variety of institutional solutions in the division of powers between these two types of authorities, depending on the country and the sector. The coexistence of the two types of authorities gives rise to a complex interplay in the handling of

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