THE ROLE OF REGULATORY AUTHORITIES IN THE PROMOTION OF COMPETITION IN THE PUBLIC UTILITIES SECTOR
Journal Title: Адміністративне право і процес - Year 2018, Vol 3, Issue
Abstract
Purpose of the paper is to provide the legal analysis of correlation of regulation and competition to determine the role of regulatory authorities in the promotion of competition in the public utilities sector. Methods. The analysis of notions of the relations between regulation and competition, as well as form of competition in the public utilities sector is based on the formal logical and deductive methods. Results. The first part is focused on the analysis of different approaches to the correlation of regulation and competition in network industries. Different notions of the relations between regulation and competition are considered, namely such notions as deregulation, re-regulation, regulation-of-competition, regulation-for-competition and meta-regulation. The second part highlights forms of competition in the public utilities sector, including separation of vertically integrated monopolies and yardstick competition. The author refers to several approaches to restructuring of utilities and their regulation and concludes that yardstick competition facilitated by regulatory authorities has a great potential in the public utilities sector. The third part deals with the role of regulatory authorities in promotion of competitive mechanisms in the public utilities sector of Ukraine. Based on the analysis of the legal framework the author comes to the conclusion that Public Utilities Regulator in Ukraine may promote competition through performing monitoring over competitive segments of the market, regulation of access to networks and incentive-based regulation that includes different forms of yardstick competition. Conclusions. First, regulation and competition are not exclusive, but complementary and non-competing mechanisms that can co-exist within one market. Second, introduction of direct and indirect forms of competition in the public utilities sector expands a toolbox of the regulatory authorities by empowering regulators to perform monitoring over potentially competitive markets, access regulation and incentive-based regulation. Third, the Energy and public utilities regulator in Ukraine is responsible for promotion of competition that expands its functions far beyond core regulation ones; striking a careful balance between core regulatory and monitoring functions gains extraordinary importance.
Authors and Affiliations
Alona Kazantseva
Keywords
Related Articles
- EP ID EP668668
- DOI -
- Views 83
- Downloads 0
ON THE ISSUE OF CIVIL RIGHT TO HOLD PROSECUTOR POST IN UKRAINE
This article is devoted to the identification of issues that arise in the implementation of reform regulations appoint a person to the post of prosecutor in Ukraine. The necessity of improvement in this area, as this wil...
Strategy and tactics of defendant’s behavior in the administrative process
We have analyzed the judicial practice in respect of the administrative cases and have come to a conclusion regarding existence of the top target of the defendant’s strategy — non-admission of satisfaction of the compl...
Normative legal regulation of bringing in citizen`s to the police offices: theoretical aspects
In the article the provisions of the Law of Ukraine "On the national police" and other nor- mative legal acts regulating the grounds and procedure of bringing in citizens to police of- fices. Analyzed the legislation fix...
Some questions of administrative and legal status of customs bodies of Ukraine in terms of reform
The administrative-legal status of custom authorities of Ukraine including changes to current legislation in light of carrying out the administrative reform in Ukraine is investigated in the article, normative-legal ac...
ADMINISTRATIVE PROCEEDING RELATIONS IN THE SUBJECT OF ADMINISTRATIVE LAW
Article investigates the administrative procedural relations which exist in sphere of action of administrative courts. The place of these establishes the relations in administrative law of Ukraine. For this purpose autho...