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  (1)Regulatory remedies intervene competition remedies
  It is a common recognition that regulatory remedies are perfectly justified to complement antitrust remedies to the extent that competition law is insufficient for a competitive market. This point is confirmed by the Commission by straightforwardly alleging that “[T]he availability of a competition law remedy corresponding to that which might be imposed by the NRA does not preclude the NRA imposing a similar remedy.” Therefore, NRAs can impose remedies in addition to EC antitrust remedies on the condition that antitrust remedies are not sufficient to address competition issues in electronic communications sector.
  (2)Competition remedies intervene regulatory remedies
  A.Easy case: Failure to act by NRAs
  There could be a situation where the Commission perceives a market failure which has not been grasped by NRAs. What may the Commission do?
  The 2002 Directives do not confer upon the Commission the regulatory power to actively impose remedies at national level. Therefore, even under such situation where NRAs have not yet taken any action against a market failure in electronic communications sector, the Commission is not competent to address this issue concerned based on its regulatory power. However, according to its full competence on competition issues provided by competition rules of the EC Treaty, it goes without doubt that the Commission may take actions against such issues pursuant to EC competition law.
  B.Bottleneck case: Regulatory failure of NRAs
  The bottleneck case refers to a situation where the regulatory remedies imposed by NRAs for a market failure barely satisfy the Commission.
  In term of Article 7(4) of Framework Directive, the Commission has no veto power upon the remedies made by NRAs. Therefore, as the European Regulatory Authority the Commission cannot amend the remedies of NRAs, even there existing a regulatory failure. However, considering the supreme aim of establishing the common market and insufficiency of depending on MS to achieve this objective, it would be unimaginable that the Commission can keep away from regulatory failure in electronic communications sector. Therefore, the remainder question is by what means and under what conditions the Commission can intervene the unsatisfactory regulatory remedies imposed by NRAs.


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