ABSTRACT

Combining regulatory and competition policy competencies concerning airports might be the best institutional design. Of course, competition policy is also a kind of regulatory policy and is sometimes called ex-post regulation policy. Industry- or sector-specific regulators might be superior when regulations in different sectors or industries differ considerably. Competencies in regulation and competition policies are institutionally separated while a certain degree of formal co-ordination exists. One possible advantage of combining regulation and competition policy enforcement within one agency may be the avoidance of inconsistent decisions. The same or similar activities which are permitted by the regulator under regulation law may be forbidden by the competition agency under competition law. The conduct of regulation policy might influence the conduct of competition policy concerning the non-regulated activities of the regulated companies as well. An argument put forward in favour of combining regulation and competition law enforcement is less valid in the case of a general regulator specific knowledge of a certain industry.