Lang, John Temple --- "European Competition Policy and Regulation: Differences, Overlaps, and Constraints" [2009] ELECD 564; in Lévêque, François; Shelanski, Howard (eds), "Antitrust and Regulation in the EU and US" (Edward Elgar Publishing, 2009)

Book Title: Antitrust and Regulation in the EU and US

Editor(s): Lévêque, François; Shelanski, Howard

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847207616

Section: Chapter 2

Section Title: European Competition Policy and Regulation: Differences, Overlaps, and Constraints

Author(s): Lang, John Temple

Number of pages: 56

Extract:

2. European competition policy and
regulation: differences, overlaps,
and constraints
John Temple Lang1

INTRODUCTION

This chapter compares and contrasts competition law and regulatory
regimes under European Community directives. It also considers some
procedural and substantive aspects of the coexistence of national regulatory
regimes with European competition policy and competition law rules.
The chapter suggests, and explains, the following broad conclusions:

Competition law and regulatory policies, whether EU or national,
have different objectives, they are applied (in general) by different
authorities in accordance with different procedures and on the basis
of different analysis and different legislation, and they are subject
to different constraints under EU legal principles. They may be
subject to judicial review by different courts. They do not conflict,
and in some situations they can be applied simultaneously and can
bring about similar results. But it is incorrect to confuse them. Some
examples of cases in which the Commission has exceeded its powers
under competition law, to achieve essentially regulatory objectives,
are given.
The objectives of competition law in Europe are limited to pre-
venting measures, whether private or governmental, which restrict
competition unjustifiably. Regulatory regimes can be designed
to promote a wide variety of objectives, subject to certain con-
straints. Some of these constraints are imposed by the European
Community directives which harmonize regulation of certain
industries, and which are intended to prevent, among other things,
over-regulation. Other constraints, which also apply to national
competition authorities, are imposed by generally applicable prin-
ciples of European law. Broadly, ...