Seminar 7: Competition and Sector Specific Regulation
This seminar will be led by a presentation from Dr Veljko Milutinovic (Jean Monnet Fellow, EUI). He will present his research on the relationship between comeptition and sectoral regulation. The issue has been dealt differentlt in various legal systems. Just a quick point to bear in mind: in EU Law the issue arises, usualy, when national utilities regulation overlaps with EU competition law. This is the way the issue is presented even if the national law implements Directives. In the US, or in national law, the conflict is somewhat different because one deals with a conflict of two laws that have, ostensibly, the same hierarchy in the scale of norms. This might affect the way we think about this particular intersection.
I would be happy for participants to provide examples of national practices that might have a bearing on this topic, we can discuss them in the seminar.
ECJ in Case C 280/08 P Deutsche Telekom v. Commission, available, inter alia, at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62008J0280:EN:HTML
US Supreme Court in Verizon Communications v. Trinko 540 U.S. 398 (2004) (whole judgment), available, inter alia, at: http://www.law.cornell.edu/supct/html/02-682.ZS.html
Giorgio Monti, Managing the Intersection of Utilities Regulation and EC Competition Law, LSE Law, Society and Economy Working Papers 8/2008, available at: http://www.lse.ac.uk/collections/law/wps/WPS2008-08_Monti.pdf;
John Temple Lang, “European Competition Policy and Regulation”, In F. Leveque and H. Shelanski (eds), Antitrust and Regulation in the EU and US: Legal and Economic Perspectives. Cheltenham; Northampton: Edward Elgar (provided as .pdf document).
Pier Luigi Parcu, “The Surprising Convergence of Antitrust and Regulation in Europe” EUI Working Papers RSCAS 2011/35, available at: http://cadmus.eui.eu/bitstream/handle/1814/17934/RSCAS_2011_35.pdf?sequence=1;