Incumbent companies and provides of shared infrastructures or unique resources (e.g. premium sports programming) are often subject to constraints from both economic regulation and competition law.
We have expertise in the analysis of the interactions between these constraints.
We can advise policy makers or regulators, or those seeking to influence them, on whether there is a need for such dual regulation — or whether competition law constraints are sufficient to make economic regulation unnecessary, or perhaps whether public service obligations or regulatory rules should be expressed in a way that would override some aspects of general competition law in the public interest.
We have advised regulators in media and transport sectors on the analysis, design and implementation of regulatory arrangements to prevent anti-competitive conduct by monopoly operators. This has focused in particular on the risks to competition that might arise from involvement in competitive commercial activities alongside a monopoly or public service function.