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

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Presentation on theme: "Competition and Regulation – a legal perspective Cosmo Graham University of Leicester."— Presentation transcript:

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

2 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

3 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

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

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

6 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

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

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


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