The Necessity of Sector Specific Regulation in Electronic Communications Law

The model, which evolved in practice as the most appropriate for the regulation of the electronic communications sector, is based on the combination of sector specific regulation and competition law, put into effect by entities independent of states or market players. As many markets are evolving towards a state of effective competition, concerns are raised over whether sector-specific regulation is still necessary and whether general competition law could guaranteeeffective regulation of its own accord. This paper questions the capacity of generic competition lawto efficiently regulate the electronic communications sector and concludes instead in favour of thecontinuance of sector-specific regulation, oriented towards competition law principles, andindependent regulatory agencies.