Abstract

The application of competition rules in the audiovisual communications sector can be studied from a variety of viewpoints. In the case of this study, we have chosen to approach it by observing the dynamics between competition law and the regulatory law applicable to this sector.

The first difficulty with such a subject is the understanding of the notion “regulatory law”. Depending on the author, the term can have several meanings. In addition, we had to distinguish it from competition law.

Moreover, these two sets of rules apply concurrently to the audiovisual communication sector. While this coexistence is necessary, it can also give rise to problems of articulation, making it essential to strike a balance between competition law and sectoral regulatory law.

In the audiovisual communications sector, competition law is heavily involved in merger control. This shows that dialogue between the authorities is essential. Competition law is also very present in the market for the allocation of television broadcasting rights.

The search for solutions to these rule conflicts is therefore necessary for reasons of coherence and legal certainty. Beyond the audiovisual communications sector, the search for a balance between competition law and sectoral regulatory law requires a broader study, including other regulated sectors.

Claire CIZERON