Competition and Regulation – a legal perspective Cosmo Graham University of Leicester

Definitions Competition law - Generic –Regulates private undertakings –Objective consumer/total welfare –Non-economic objectives, eg, market integration –Regulation of state behaviour Regulation - Specific –Economic regulation Price controls Regulating for competition –Non-economic regulation

EC Competition law If conflict between EC and national law, EC law prevails Views on the appropriate boundaries between EC and national competence shift Commitment to competition varies

EC competition law - 1 Undertakings Article 81 (1) EC –Wouters Dutch Bar – rules preventing multi-disciplinary partnerships –Meca Medina Swimming – anti-doping rules

EC Competition Law - 2 Article 86 (2) – a derogation Unsuccessful cases Air Inter, Corbeau Successful cases Albany – sectoral pension fund Deutsche Post International r

State action Articles 10 and 3 (f) combined with Article 81 Originally broad view –GB-Inno, Vlaamse Reisbureau Now more restricted –Van Eyck and subsequent interpretation

Regulatory conflict Deutsche Telekom –Accusation of margin squeeze –Wholesale and retail prices regulated –Commission – scope to alter retail prices

Conclusions Certain areas excluded from scope of competition law Others subject to some form of balancing