Regulation by Declaration: A Novel Regulatory Mechanism to Limit Abuse of Monopoly Power

Michal Gal, Mar 01, 2006

This article suggests a novel regulatory mechanism. The essence of the proposal is the separation of the two stages of the existing regulatory process: the finding of monopoly power and the finding of an abuse. It is suggested that the regulatory authorities be empowered to issue a declaration of a firm as a monopoly, even when no specific abuse is claimed, and that such a declaration be used as prima facie evidence for the existence of a monopoly in judicial proceedings.

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