Competition Law and Pro-Competitive Regulation: An Unsolved Conundrum?


The relationship between competition and regulation has long been at the center of debate. In this article the Authors highlight the different approaches followed by European and national courts with respect to regulatory measures aimed at fostering competition and those aimed at protecting other public interests. They then examine critically the way in which the criterion of complementarity between competition law and pro-competitive regulation is applied at the EU and national level and question the use of a homogeneous paradigm in the two instances.  Finally the Authors suggest to review the use of the criteria of “autonomous decision” and “special responsibility” when applying competition law in presence of a pro-competitive regulation.


Competition; Regulation; Complementarity; Autonomous Decision; Special Responsibility

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Antitrust & Public Policies
ISSN: 2284-3272

Iscrizione al Tribunale di Roma n. 300, del 12 dicembre 2013, modificata con registrazione n. Reg. Certificati 216 bis/2019

Last issue published on December 30, 2019