Journal of Competition Law and Economics Advance Access originally published online on February 24, 2006
Journal of Competition Law and Economics 2006 2(1):149-158; doi:10.1093/joclec/nhl004
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THE DIFFERENT ROLE OF MANDATORY ACCESS IN GERMAN REGULATION OF RAILROADS AND TELECOMMUNICATIONS
Network services can be provided efficiently in competitive markets, if non-discriminatory access to the complementary infrastructure capacities is guaranteed. The sector-symmetric application of the disaggregated regulatory approach to railways and telecommunications reveals the different role of mandatory access. Whereas in telecommunications only the local loop may create a remaining regulatory problem, mandatory access has to be guaranteed with respect to the railway infrastructure as a whole. In spite of the large phasing-out potentials of sector-specific regulation in telecommunications, this sector is still under the burden of over-regulation. In contrast, in the railway sector mandatory access has been introduced only recently.
* Professor, Institut für Verkehrswissenschaft und Regionalpolitik, Universität Freiburg, Platz der Alten Synagoge, 79085 Freiburg i. Br., Germany. E-mail: guenter.knieps{at}vwl.uni-freiburg.de. Helpful comments on earlier versions of this article by J. Gregory Sidak and Hans-Jörg Weiss are gratefully acknowledged.