Regulation and Competition Law

The research and consulting activities of the legal research group under Director Prof Dr Christian Koenig focus on issues of European competition law and sector-specific regulation. This area encompasses the regulation of all network industries (telecommunications, postal services, energy, railways and airports). Within the framework of this academic portfolio, fundamental axioms of network-based regulatory law – also across network sectors – are researched and analysed in a practice-oriented manner.

Telecommunications Law 

This includes fundamental work on telecommunications law in the field of net neutrality in the context of internet access services. In this context, the admissibility of so-called deprioritisation clauses and measures taken by internet access service providers at the network interconnection level in accordance with the "Open Internet Regulation" were analysed. The research group also analysed the applicability of the new secrecy of telecommunications to employers who provide telecommunications services to their employees.

Digital Markets and Platform Regulation

Research at ZEI also focusses on current legal issues around digital markets and platform regulation. As digitisation progresses, the mobility sector is also undergoing significant changes. In connection with the market ramp-up of autonomous driving, the research group examined the question of whether and to what extent this is subject to telecommunications regulation in order to best support the development and mass marketability of the new technologies. In the field of rail transport, the development of new types of mobility services is increasing, which are focussed on the distribution level and are taking their place alongside conventional transport and infrastructure services. Multimodal digital mobility services increase the attractiveness of the public mobility sector and contribute to sustainable, demand-orientated and climate-friendly passenger transport. As there is currently no effective competition at the distribution level in the railway sector compared to related regulated network industries such as the energy or telecommunications sector, the research group investigated the possibility of extending sector-specific regulation to the distribution level and supplementing it with specific regulatory instruments in order to enable and guarantee effective competition at the distribution level in the long term.

European and National Competition Law

Free competition is an essential component of the market economy legal system that the EU stands for. Research at ZEI on European competition law is characterised by a constant exchange between theory and practice. The research group examined, inter alia, the methods of ex-post price level abuse control applied by the antitrust authorities and courts within the framework of European and national competition law in the context of price setting by companies that hold a de facto monopoly position due to concessions for the use of essential infrastructure facilities for the provision of services. A comparison was made between the standard of price level abuse control under antitrust law and the standard of the costs of efficient service provision known from network sector-specific regulation.

Aid Control

Alongside the control of abusive business practices, the prohibition of State aid is a key pillar of European competition law. State aid control is intended to protect the EU's internal market from distortions of competition caused by unlawful public subsidies in favour of individual companies or economic sectors. At the same time, state support for systemically important providers of services of general interest is essential to ensure security of supply. In this context, the research group analysed the State aid law-compliant design of state investment cost support for planned hospitals, taking into account the special regulations applicable to services of general economic interest (SGEI). It also analysed the eligibility of state financing measures in favour of publicly controlled business development and tourism companies for SGEI compensation.


Journals on European Competition Law

ZEI Director Prof Dr Christian Koenig is co-editor of several highly acclaimed jurisprudential journals. The journals deal with general and sector-specific issues of European competition law and regulatory matters in net-based industries.


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