Publications

	Table of Contents
p. 29 of 62 BACK | NEXT Purpose and Structure of the Toolkit Overview of Practices Controlled by Competition Law Countries with Competition Law Systems Benefits of Competition Policy Practices Controlled by Competition Law Key Concepts and Tools Competition, Privatization, and Regulation OECD's Work in Utility Industries Work of the ICN Structural Separation in Regulated Industries Ex Ante Regulation and Competition When Competition Law Replaces Ex Ante Regulation Sector-Specific Regulator or Competition Authority? Essential Facilities Doctrine and Interconnection Problems Non-commercial Service Obligations Banking and Finance Emerging Economies Enforcement Mechanisms ADB Resources and Projects Other Resources Glossary and List of Abbreviations

Competition Law Toolkit : Competition, Privatization, and Regulation

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F. When Competition Law Replaces Ex Ante Regulation

At a policy level, the sector-specific regulators in the UK have a preference for the use of competition law rather than ex ante regulation where it is possible and appropriate. OFTEL, now OFCOM, has publicly stated this policy preference on may occasions, and it has adopted many decisions, using its concurrent powers under the Competition Act 1998 where it could have proceeded on the basis of detailed ex ante rules. This having been said, however, all of the Competition Act cases investigated by OFCOM so far have concluded that there was no infringement of competition law. There is public debate in the UK as to why it has not been possible, after five years of the Competition Act, for OFCOM to have found one infringement. It is also the case that the Water Services Regulation Authority, the Office of Gas and Electricity Markets, or the Office of Rail Regulation have not found a violation of the Act.

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