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Stockmann, Kurt; Porto, Fabiana Di --- "Comments" [2006] ELECD 310; in Ullrich, Hanns (ed), "The Evolution of European Competition Law" (Edward Elgar Publishing, 2006)

Book Title: The Evolution of European Competition Law

Editor(s): Ullrich, Hanns

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845427016

Section Title: Comments

Author(s): Stockmann, Kurt; Porto, Fabiana Di

Number of pages: 7

Extract:

Comment
Kurt Stockmann*

1 INTRODUCTION
I agree with most of what Professor Kirchner has said on the subject. It is true,
amongst other things, with regard to his view that sector-specific regulation in
the European Union is meant not only to raise the level of general welfare and
to protect consumers, but also to open up national markets and thereby fulfill
an integrative function. As an instrument for achieving market integration,
regulation focuses on ex ante access rules, allowing competitors from other
Member States to penetrate a national market which has been controlled by
national monopolies. In this sense, it may appear desirable, as Professor
Kirchner states, to harmonize sector-specific regulation in Member States in
such a way that national markets are opened up by a regulatory approach
which need not be identical in all Member States, but highly harmonized.
Although uniform regulation in the European Union could have an even
stronger integrative effect, such a concept would, I think, once again in agree-
ment with Professor Kirchner, probably conflict with country-specific features
and foreclose opportunities to learn from experience with different regulatory
approaches.
In analyzing the issues involved in sector-specific regulation, I share
Professor Kirchner's preference for a dynamic approach. One of his conclu-
sions, which I find particularly important and to which I fully subscribe, is that
the basis for a first choice between sector-specific regulation and the applica-
tion of general competition law should be the existence of significant market
power ...