The anticompetitive impact of regulation

Book abstract:

This book examines the negative effects of anticompetitive regulation on industry and the economic harm it causes. The book is based on a Round Table on the Anticompetitive Impact of Regulation set up by the editors, which consisted of economic and legal scholars, with the purpose of drafting guidelines on the elimination of anticompetitive regulations within the EU and how this might be implemented.

The book consists of three main parts. The first is entitled 'Regulations Affecting Structurally Competitive Industries: The Professions and Private Businesses'. This includes chapters on: 'The Anticompetitive Effects of Minimum Quality Standards: The Role of Self-Regulation'; 'Advertising Restrictions in Public Services'; 'Occupational Regulation'; and 'Regulation, Competition and the Professions'. A focus of these chapters is market and regulatory failure and economists' failures to solve these. Part 2 is entitled 'Regulations Affecting Structurally Non-competitive Industries - The Provision of Public Services'. Chapters here include: 'Regulation and Inefficient Entry: Economic Analysis and the British Experience'; 'When Should Regulated Companies be Vertically Separated?'; 'Regulation and Privatisation: the Case of Electricity'; and 'Inappropriate Regulation and Stifled Innovation in the Road Freight Industry: Lessons for Public Reform'. Part 3, 'Reform, Regulatory Institutions and the Role of Competition Authorities', has chapters including: 'Australia's Comprehensive Review of Anticompetitive Laws'; 'Spanish Independent Authority and its Role in a New Competitive Environment'; 'Country Experiences with Targeted Advocacy and Enforcement Programmes'; and 'Constitutional Limits to Anticompetitive Regulation: The Principle of Proportionality'. The book concludes with a set of guidelines and recommendations for reform of regulations in order to promote competition.

The book is aimed primarily at policy makers but would be of use to the academic community. Giuliano Amato, former President of Italy, is External Professor at the European University Institute in Florence and Global Law Professor at NYU Law School. Laraine L. Laudati is a legal counsel to the EC and Senior Research Fellow at the European University Institute in Florence.