Table of Contents

Competition Law as Regulation

Competition Law as Regulation

ASCOLA Competition Law series

Edited by Josef Drexl and Fabiana Di Porto

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 telecommunications markets, and competition law as regulation in IP-related markets.

Chapter 1: The regulatory breakthrough of competition law: definitions and worries

Mariateresa Maggiolino

Subjects: economics and finance, law and economics, law - academic, competition and antitrust law, law and economics


Many antitrust scholars today note the great change that competition law is undergoing. Some criticize the law’s resemblance to economic regulation; others register with alarm its new regulatory nature. Nevertheless, there is room to argue that the terms ‘competition law’ and ‘economic regulation’ are simple labels relating to wavering ideals and a dynamic maze of diverse and overlapping phenomena. Indeed, if one maintains that current competition law is taking the shape of a piece of economic regulation and intends to support criticism of this transformation, one should: (i) refer to some specific forms of economic regulation and competition law, so as to identify the many contours along which they can overlap or differentiate; (ii) verify whether, and how, this multi-dimensional metamorphosis is taking hold in competition law; and (iii) indicate what competition law loses _ or is assumed to lose _ because of the regulatory makeover it is purportedly undergoing. The chapter accomplishes these three goals without neglecting some critical thoughts about the idea that, unlike economic regulation, competition law is (or could be) a matter of pure (economic) technique, totally detached from value choices and political decisions.