In seminar 6 we looked at the either/or/and relationship between antitrust and regulation. In this seminar I want to look at instances where there is an overlap between regulators. The first three sets of readings give you case studies of how the relationship between antitrust and regulation is managed – actually the UK example is more about the relationship between two regulators applying antitrust law as well. The longer piece is not an antitrust piece but it’s an influential paper with general assessment of the issue.
Readings (select 1 or 2 of the case studies, read the Freeman & Rossi piece)
Rinner ‘optimizing Dual Agency review of Telecommunications Mergers’  118 Yale LJ 1571
Kaplan ‘One Merger, Two Agencies: Dual Review in the Breakdown of the AT&T / T-Mobile Merger and a Proposal for Reform’ (2012) 53 Boston College Law review 1571
Dunne ‘Recasting Competition Concurrency under the Enterprise and Regulatory Reform Act 2013’ 77(2) Modern Law Review 254
Freeman and Rossi ‘Agency Coordination in Shared regulatory Space’ (2012) 125(5) Harvard Law Review 1131