Table of Contents

The Evolution of European Competition Law

The Evolution of European Competition Law

Whose Regulation, Which Competition?

ASCOLA Competition Law series

Edited by Hanns Ullrich

With contributions from leading scholars from all over Europe and the US, this book covers the major areas of substantive competition law from an evolutionary perspective. The leitmotiv of the book has been to assess the dividing line between safeguarding and regulating competition.

Comments

Jens Fejø and Paul L.G. Nihoul

Subjects: law - academic, competition and antitrust law

Extract

Comment Jens Fejø* 1 INTRODUCTION In Joël Monéger’s interesting chapter ‘Competition, regulation and system coherence’ one of the central issues is ‘systems coherence’, in which connection the word ‘regulation’ is submitted to scrutiny. The article points to the differences in meaning of the word ‘regulation’ in English, on the one hand, and in French and other languages of the Latin tongue, on the other. Coming from the less formalistic legal tradition of a Scandinavian country, I think it worthwhile to focus on another aspect of the topic ‘regulation’ in order to answer the question put by Joël Monéger in his chapter, namely whether a coherent system might be built in which regulation absorbs competition or whether two independent systems can be in coherence. In my view, ‘regulation’ cannot be isolated when discussing regulation and competition. Rather, it should always be viewed in its context. This means that normally, when speaking of ‘regulation’ (in the English sense or in the Latin meaning of the word), one has to be careful not to overlook the fact that regulation usually crops up when other important phenomena are present, namely ‘liberalization’ and ‘privatization’. These concepts, however, are only very briefly mentioned in Joël Monéger’s article. Therefore, I intend to present my own view of the importance of regulation and in doing so turn the discussion in the direction I find most fruitful for discussion of the concepts of regulation and competition. 2 a) LIBERALIZATION, PRIVATIZATION AND REGULATION The...

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