Sector-Specific Regulation and Competition Law: Between Convergence and Divergence

Abstract: The present article focuses on the question of mutual relations between sector-specific regulation (existing on the community level) and general competition law (mainly contained in Articles 81 and 82 of the Treaty and in Regulation No. 139/2004). The author examines the above-mentioned relations on the three following planes: (1) aims of both sets of rules, (2) nature of legal norms (legal rules) included in both sets of rules, and (3) the way of application (modus of enforcing) of the legal norms that are included in both of the discussed sets of rules. The final conclusion is that – against many different opinions – there exists a very advanced convergence in that respect, which may even put into question the very need of the existence of the sector-specific regulation.

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