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same time Ofcom believes that this approach has to be correct in order to reflect the peculiarity ofNGA 85 .The NGA represents a new technology not completely developed and for this reason more sensible,in its future developments, to the regulator intervention. It is important that any intervention in thisarea was accompanied by a deeply analysis of the potential effects, that means by a proper RIA.85 In his report Offcom states that NGA “may display a number of unique characteristics that mean the currentapproach to regulation is not appropriate. For example, historically, current generation local access networkinvestments have faced low demand uncertainty and were considered a sunk cost for bottleneck asset owners – this maynot be the case for next generation access investments”. And moreover: “ It is not the role of Ofcom to provideoperators with incentives to make particular investments. Rather, we should endeavour to ensure that the incentives forefficient investment are not distorted, particularly as a result of disproportionate regulation. In determining the mostappropriate approach to regulation for investment in any risky bottleneck asset, and its implications on incentives, it isimportant to reflect adequately the level of risk incurred at the time of investment”.92
Conclusions – Lessons learnedIn this thesis I focused my attention on the use of Regulatory Impact Assessment by the policymakers in order to achieve a better understanding of all the possible impacts of the regulation. Thegrowing use of this tool is due to the wiliness of policy makers to reach the so called “betterregulation”, that means a regulation able to promote the competitiveness and the development of themarket, without impose useless burdens to business and public administrations.The analysis of RIA is very important from a Law and Economics perspective: RIA, for manyaspects, may be considered the pragmatic and policy application of what many scholars of Law andEconomics have said: the legislations, to be eligible of application, have to consider the costs andbenefits belonging to their application and have to be implemented only and only if the benefits oftheir implementation are more than the costs. A correct understanding of RIA process can be usefulin order to introduce the Law and Economics concepts into the policy-making process. To achievethis objective is necessary to analyze in which way RIA was performed by policy-maker. Inparticular, it is important to understand if it was implemented in order to evaluate all possibleimpacts related to the different options taken into account by legislator, or, on the contrary, if it wasadopted in order to justify the achievement of other kind of goals.In the first part of the work I have analyzed the born and the development of RIA tool around theworld. This overview is important to understand the different features that the tool has assumedaccording with the different institutional contest in which it was implemented.This different features are particular wide in comparing the US and EU RIA model: this differencesare due to the different goals pursued by the governments: in the US context the RIA tool was usedto address a typical principal agent problem: RIA has become a tool through which the govern canhave an ongoing control on the regulation issued by the agencies in order to verify if the legislationsadopted was effective and efficient. Instead, in EU context the RIA model seem to be used in orderto solve a legitimating problem: in fact it seem to be used to build the same institutional context inwhich it should explicate their beneficial effects.93
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LUISS GUIDO CARLIDOTTORATO DI RICER
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a form-based approach 4 . In partic
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Guidance Paper is the result of a r
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In the following section are analyz
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The rebate schemes were individuali
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The analysis takes into considerati
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documents or data that the dominant
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which apply only to some type of cu
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to capture. Then it compares these
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References:DG Competition, DG Compe
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Secondo quanto stabilito dalla giur
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L’autonomia di fattispecie abusiv
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Difatti DT era soggetta a specifici
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L’applicazione dei criteri sopra
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1.3 La sentenza TeliaSonera: un sal
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A parere dunque dell’avvocato gen
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Le pronunce comunitarie hanno accre
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profitmargins 30 ”. Medesime conc
Page 41 and 42: BIBLIOGRAFIACase C-52/09, Konkurren
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Page 46 and 47: IntroductionRegulatory Impact Asses
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Page 66 and 67: SECTION BAn Empirical Analysis of T
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