To what extent should competition agencies act as market regulators? Competition Law as Regulation? provides numerous insights from competition scholars on new trends at the interface of competition law and sector-specific regulation. By relying on the experiences of a considerable number of different jurisdictions, and applying a comparative approach to the topic, this book constitutes an important addition to international research on the interface of competition and regulation. It addresses the fundamental issues of the subject, and contributes to legal theory and practice. Topics discussed include foundations of the complex relationship of competition law and regulation, new forms of advocacy powers of competition agencies, competition law enforcement in regulated industries in general, information and telecommunication markets, and competition law as regulation in IP-related markets.Scholars in the two fields of law and economics will find the research aspects of the book to be of interest. Officials in competition and regulatory agencies will benefit from the practical relevance of the book.
Contents:PART I FOUNDATIONS OF THE COMPLEX RELATIONSHIP OF COMPETITION LAW AND REGULATION 1. The Regulatory Breakthrough of Competition Law: Definitions and WorriesMariateresa Maggiolino2. Anti-Anti Regulation: The Supplanting of Industry Regulators with Competition Agencies and how Antitrust Suffers as a ResultAdi Ayal3. (Re-)Joining The Regulatory Fold? Problem-Solving Innovations in Competition EnforcementYane SvetievPART II NEW FORMS OF ADVOCY POWERS OF COMPETITION AGENCIES4. New Powers - New Vulnerabilities? A Critical Analysis of Market Inquiries Performed by Competition AuthoritiesTamar Indig and Michal S. Gal5. New Frontiers for Competition Advocacy and the Potential Role of Competition Impact AssessmentNicoletta RangonePART III COMPETITION LAW ENFORCEMENT IN REGULATED INDUSTRIES IN GENERAL 6. A Reassessment of the Relationship Between Competition Law and Sector-Specific RegulationMario Siragusa and Fausto Caronna7. Regulatory Approach to Competition Law in the Practice of the Polish Competition Authority - A Critical AssessmentKrystyna Kowalik-Banczyk8. Enforcement of Competition Rules in Regulated Industries: Abuse-of-dominance Practices in the New EU Member States, Candidate Countries and Potential CandidatesAlexandr Svetlicinii And Marco BottaPART IV INFORMATION AND TELECOMMUNICATION MARKETS9. From Competition Law to Sector-Specific Regulation in Internet Markets? A Critical Assessment of a Possible Structural ChangeRolf H. Weber10. The Regulatory Approach in Competition Law Enforcement for Innovation-Intensive Industries: The Case of Broadband Access Regulation in JapanToshiaki Takigawa11. Abuses of Information and Informational Remedies: Rethinking Exchange of Information under Competition LawFabiana Di Porto PART V COMPETITION LAW AS REGULATION IN IP-RELATED MARKETS12. Competition Law as an Instrument of IP Regulation? The Case of Strategic Patent FilingsEmanuela Arezzo13. Competition Law as the Limit to Standard-SettingBjorn LundqvistIndex