We consider the relationship between antitrust law and sector-specific regulation, with particular emphasis on telecommunications markets. In brief, these markets were opened to competition since the mid 1990s, leading to the disappearance of state monopolies. The regulatory framework is designed to facilitate the entry of new competitors on the one hand, and also to ensure other policy goals (for example the protection of vulnerable consumers, and the healthy development of the market by stimulating investment). The relationship between regulation and antitrust was confronted in Trinko and Deutsche Telekom. However, there is division on how to move forward.
Verizon Communications Inc. v. Law Offices of Curtis v. Trinko, LLP, 540 U. S. 398 (2004)
Case C-208/08 P Deutsche Telekom AG v Commission  ECR I-9555, get a grip of the essential facts and look at paragraphs 55 to 110
Shelanski, ‘The Case for Rebalancing Antitrust Regulation’ 109 Michigan Law Review 683 (2011)
Möschel, ‘The Future Regulatory Framework for Telecommunications: General Competition Law instead of Sector-Specific Regulation – A German Perspective'(2009) 10 European Business Organization Law Review 157
Huigen and Cave, ‘Regulation and the promotion of investment in next generation networks: A European Dilemma’ (2009) 32(11) Telecommunications Policy 713
How do US and EU Laws differ in their answer to this question: a market is regulated by sector-specific regulation, does antitrust law apply?
Why does this difference exist?
How far, if at all, does it make sense to design a regulatory framework along lines similar to antitrust law?
Is the distinction between ex ante (sector-specific regulation) and ex post (competition law) a helpful one? if not how else might one best draw a line between the two domains of sector specific regulation and competition law?
Is there a compelling argument for phasing out sector-specific regulation in telecommunications?