June 22, 2016

Breaking news

It is sometimes argued that the competitive freedom will destroy the "old regulated world", platforms being the perfect example of this fresh wind, the invention of the adjective "disruptive" which could express a "novelty" before which it is only suitable to bow.

It would be therefore necessary to smile or even laugh, what would be a "rearguard battle" when the Conseil Constitutionnel (French Constitutional Council) in a decision of 22 May 2014 had limited the expansion of Uber, protecting the correspondingly monopoly holders of a municipal taxi license.

But in the US, cities adopt regulations. So on the next city council of the city of Chicago, will be proposed the vote of an order to compel the rideshare drivers.

In 2014, the French Constitutional Council justified its decision by referring to "the public order of parking", which the municipality is mistress... The justification given here is to protect the occupant.

Indeed all rideshare drivers will be obliged provide proof that they are subject to health checks, especially on drugs and provide criminel check also.
This is justified because Regulation of an activity implies control of those who exercise it and equal competitors can justify that for the same activity some are removed, especialy  in view of the protection of the person transported.

The third new requirement is of a different nature: the driver must prove that it is not in debt to the municipality. Why not, since the infrastructure of the city allows them to exercise the economic activity in question. This is another underlying objective, which lies rather in the idea of an exchange between the city and the one who transports people, the beneficiary of infrastructure should not be otherwise debtor that it enjoys public infrastructure.
The latter provision shows that the "contract" is increasingly not between the carrier and transported - via the virtual platform - but between the very concrete public space and one that circulates and do not live there.


Updated: Aug. 28, 2012 (Initial publication: Aug. 24, 2012)

Breaking news

The "Conseil constitutionnel" (French Constitutional Council), on the occasion of the control of the "Loi de finance rectificative" (amending finance law) adopted, may make rules relating to the regulation. Thus, a Senate amendment had slipped into legislation a tax of 5% on the resale of a television channel, when it had been obtained by the purchaser on account of the assignment for the benefit of a licence conferred by the State free of charge. The provision is considered non-compliant with the Constitution in that it does not have enough in connection with the organization of the finances of the State and that it pursues another goal: here to avoid that an operator plays with the mechanisms of regulation for purely financial purposes. This struggle by the Council against the "legislative cavaliers" didn’t mean that a measure of this type is later taken by a law, since such concern can be justified.

Updated: June 4, 2012 (Initial publication: May 29, 2012)

Breaking news

In Spain, the liberalization and legalizalisation of online games, provided by the Act for January 2012, was postponed in June 2012. The licensing by the regulator is in preparation. These licenses may relate to all kinds of games including sports betting and casino games, excluding slot machines. But the Spanish tax services informed that an implied condition of approval of an operator candidate for obtaining a licence existed: payment of taxes due in Spain. However, many companies, whose headquarters is located in another country, have high arrears of taxes calculated by the administration. It can be noticed that the fiscal interests of the States is a key element in the regulation of the games, that can interfere with the mechanism, which appears however distinct from the approval by the regulator.

Updated: Jan. 16, 2012 (Initial publication: Oct. 10, 2011)

Translated Summaries

Updated: Dec. 9, 2011 (Initial publication: Oct. 10, 2011)


Updated: Dec. 8, 2011 (Initial publication: Sept. 22, 2011)

Releases : Neutrality in Systems of Economic Regulation

Updated: Dec. 6, 2011 (Initial publication: Oct. 10, 2011)

Sectorial Analysis

Translated Summaries

In The Journal of Regulation the summaries’ translation are done by the Editors and not by the authors


Thematic Report (Gambling): The European Commission, despite specific taxation measures, has approves the Danish law of liberalisation of online gambling.

On September 20th 2011, the European Commission declared the new law liberalising gambling in Denmark in line with EU rules. This law creates lower taxes for online casinos than for land-based one, and the Commission declared it compatible with European state aid rules, since the positive effects of the liberalisation of the sector outweigh potential distortions of competition.


Relazione tematica (Scommesse): La Commissione europea, nonostante i provvedimenti di imposizione specifici, ha approvato la legge danese di liberalizzazione di scommesse online.

Il 20 settembre 2011, la Commissione europea ha dichiarato che la nuova legge che prevede la liberalizzazione delle scommesse in Danimarca è conforme alla legislazione europea. Questa legge crea delle tasse meno importanti per i casino online rispetto a quelle che colpiscono i casino fisicamente esistenti. La Commissione ha dichiarato che tale legislazione è conforme alla legislazione europea in materia di aiuti di stato, in quanto gli effetti positivi della liberalizzazione di questo settore hanno un’importanza maggiore delle potenziali distorsioni della concorrenza.


Other translations forthcoming.

Updated: Oct. 3, 2011 (Initial publication: Sept. 21, 2011)