When Is a Breach of Regulation an Abuse?

This article examines the interplay between regulation and competition law and explores the rationale for investigating regulatory breaches as potential abuses of dominance. We explore under the conditions under which competition law may – from an economic perspective – address certain regulatory breaches by dominant undertakings. Drawing on recent high-profile cases we look at the relevant theories of harm that may be put forward and how those differ depending on the type of abuse. In the c