Whose Regulation, Which Competition?
ASCOLA Competition Law series
Edited by Hanns Ullrich
made by the Presidency of the RegTP with regard to some of the decisions of RegTP panels. In the interests of effective and efficient protection of competition, such doubts are not helpful, irrespective of whether general competition law or sector-specific competition law is concerned. It should be remembered, in this context, that at the time of the adoption of the TKG and the PostG, both business circles concerned and the Minister of Economics unequivocally expressed the view that the ‘independence’ of the panels was ‘indispensable’. Recent statements of the RegTP President, especially as it became more and more likely that the agency take on the new task of supervising the transition of the energy sector towards a more competitive environment, underlined the necessity of such independence. In this interview,12 the President of the RegTP stated that ‘an unjustified influence’ (sachlich nicht gerechtfertigte Einflußnahme) had, in his time, not been exercised. With regard to the new functions in the energy sector, the RegTP would be ‘totally independent of the energy sector’ and directions of the Minister would have to be published. These remarks, however, do not touch upon the relationships between the RegTP and the Minister and between the presidency of the RegTP and its panels. Not a competition agency, the ‘Commission to Survey the Concentration in Private TV’ (‘Kommission zur Ermittlung der Konzentration im privaten Fernsehen’ = KEK) was established under §§ 25 ff of the Third Treaty on Radio and Television between the Länder (3. Rundfunkstaatsvertrag). According to...
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