Utilities in Europe
Edited by David Coen and Adrienne Héritier
Chapter 5: Managing Regulatory Developments in Rail: Compliance and Access Regulation in Germany and the UK
Adrienne Héritier INTRODUCTION In the last decade the industrial landscape and regulatory structures of the network industries such as telecommunications, energy and rail transport, have undergone a considerable transformation. Liberalisation has restructured the former natural monopoly sectors; new players with new preferences, such as new market entrants, have emerged. New regulatory institutions have been created to regulate the market at the national and the European levels to foster competition, and at the same time to compensate for the negative consequences of market integration in order to protect general interest services. This changed regulatory environment raises many important research questions such as: how do the new regulatory structures function? What is their impact on market creation and service provision (Héritier and Schmidt 2000)? In this chapter I focus on one specific aspect which has not yet been much analysed: how do firms in the rail sector interact with the newly created regulatory bodies at the national and European levels? And how do regulatory authorities deal with their new tasks vis-à-vis firms? I examine the interaction between the regulator and regulatee from two different systematic perspectives: first, by focusing on the attempts by firms and industrial associations to gain access to and influence regulation, that is their attempts to influence the regulators’ setting of rules for business at the national and the European levels, and secondly, by examining regulation that monitors behaviour and attempts to resolve disputes that arise in implementing the existing regulation at the national and European...
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