1.Insufficiency of competition law vs. regulation
　　As a condition to initiate regulation, insufficiency of competition law is provided by recital 27 of Framework Directive and is reiterated many times in other relevant documents, in particular in Commission Recommendation on relevant markets where it is set as the third criterion to identify relevant markets for regulation. Nevertheless, the Commission did not specify under what situations competition law is not sufficient to redress the electronic communications markets, only with a word saying that at this point the NRAs should consult with competition authorities.
　　
　　2.Added values of competition law vs. regulation
　　The new Directives keep silence on the question whether there is a residual scope for the application of competition law after regulation. But, the Notice on the application of the competition rules to access agreements in the telecommunications sector states that
　　“given the detailed nature of ONP rules and the fact that they may go beyond the requirements of Article 86 (now Article 82), undertakings operating in the telecommunications sector should be aware that compliance with the Community competition rules does not absolve them of their duty to abide by obligations imposed in the ONP context, and vice versa. ”
　　This statement was reiterated in the Commission decision in Deutsche Telecom case . It seems that the Commission enjoys a considerable margin of discretion to take action based on competition law on an issue in electronic communications sector, even which has been subject to regulatory remedies imposed by NRAs. Nevertheless, it lifts another question under what conditions such intervention may take place.
　　3.Access-based competition vs. Facility-based competition
　　There are two non-separable strategies for liberalisation in electronic communications sectors. Basically, access-based competition pursues short-term benefits while facility-based competition long-term benefits. Taking account of the practices in competition law regime and regulatory regime, it seems that Article 82 of ECT prefers access-based competition to facility-based competition, whereas the regulators should balance the two strategies, without emphasizing one at the expense of the other. So leads to conflicts between the Commission and NRAs that the remedies imposed by the Commission beside regulation impair the regulatory policy of NRAs.

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