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Decentralized Model And Coordination Mechanisms

Posted on:2007-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:J B ZhangFull Text:PDF
GTID:2206360182990307Subject:Economic Law
Abstract/Summary:PDF Full Text Request
It is now conventional wisdom in most countries that competition has a key role to play in ensuring effective and responsive markets. But in the infrastructure industries such as Telecommunications, Electricity, there are fractious relationships between competition authority and specific sector regulators. The ideal relationship between competition authorities and regulators is driven by many countries that promote broad review of exsiting regulations with a pro-competitive lens ensuring that a competiton culture encompasses both sector regulators and competition authorities ,and in practice because it is such a complex problem that we have not yet achieved this ideal. This is just the goal of the paper .Firstly this paper focuses on the division of power between sector regulators and antitrust authorities. There is a wide diversity of models. In some countries ,competiton law enforecement is assigned to the antitrust authority while economic and technical regulation to industry regulator, which is shared and exclusive jurisdiction. But in some countries, the competiton agency has mandated to carry out economical regulators in certain specific sectors ,which has the virtue of avoiding overlap. In this paper ,we not only try to conclude the basic modes of assignment ,find the fundamental causes of such patterns, but also try to settle the normative antinomies between competing norms in a given legal system and to find the legal instruments to ensure the prevalence of antitrust laws when in conflict with regulations. And the later is especially important but regretfully lack of research.And besides the above issue mentioned ,the cooperation and coordination between the competition authorities and sector regulators are very crucial ,especially in the transition and developing countries such as China. The solution varies from countries to countries and across industries within the same country. But we have to say that the systematical study on this problem is very little worldwidely. This paper will do this job from the aspect of the advocacy function of competiton agency and the measures that the paper proposes will be rational in economy and practical in law.
Keywords/Search Tags:competition authority, sector regulator, division of power, coordination mechanism, advocy
PDF Full Text Request
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