Coordination of European and Member State Regulatory Policy. Horizontal,Vertical and Transversal Aspects

Abstract

The multiplication of competent authorities – the Commission, national competition authorities (NCAs), national regulatory authorities (NRAs) and courts – in the wake of recent reforms of competition law and regulation makes coordination a key issue. This paper begins by considering whether there is a need for coordination. In the horizontal (between authorities from various Member States) and vertical (between the Commission and national authorities) dimensions, a measure of regulatory competition can be advantageous; in the transversal (between various regulatory frameworks, i.e. competition law and sector-specific regulation) dimension, however, coordination is needed. This paper next examines the means available to ensure coordination, both substantive and procedural/institutional. Paradoxically, the available means are stronger for the horizontal and vertical dimension, where coordination is less pressing than for the transversal dimension.