Abstract

Regulation has been used in the telecommunications sector at different points in time to fulfill a various market needs. Before liberalisation of telecommunications, regulation established the parameters of the state-owned telecommunications company. Later, it specified the rights and duties of the incumbent. Hypothetically speaking, a higher degree of regulation is necessary to create new competitive markets, and once progress has been made, a lesser degree of regulation is required in order to advance to ex-post regulation.
Competition law has become an indispensable component of the regulatory framework, which can act through two pathways: 1.- Ex-post regulation utilizing traditional principles of competition law; 2.- Ex-ante regulation that seeks to introduce competition to a market.
The second kind of regulation has been called ‘regulation for competition’ or ‘synthetic competition’. The concept of ‘emulated competition’ is proposed because it explains in a more appropriate way its legal nature and its intended and unintended effects. In order to develop this concept, the mutual influence between sectoral regulation and competition law will be analysed. Furthermore, the possibility of applying competition law in situations where there is a regulated market will be studied.
The US stumbled into the liberalization of telecommunications in the 1960s – 1970s. The UK and Chile began the processes during the 1980s. The comparison, inter alia, will allow to evaluate the effectiveness of differing regulatory strategies for the telecommunications sectors after 30 years.

Bio

Humbertocarrasco Carrasco is a PhD Student at University of Edinburgh – Law School. His research looks for to determine the role of regulation in promoting competition in the telecommunications market.
He is a lawyer (Universidad Austral de Chile), LLM in company law (Universidad del Desarrollo) and LLM in Computer and Communications Law (Queen Mary, University of London). Also, He is an associate Professor at Universidad Católica del Norte – Chile.
He has published articles in diverse journals and even published a book intitled  ‘IT Law: Electronic Contracts and System Supply Contracts’. He has participated as speaker in different conferences.