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Independant administrative authorities in France and the case of the French Council for Competition

Main information

On December 10, 2010, the Commission de Régulation de l’Energie (CRE – French Commission for Energy Regulation) and the Autorité des marches financiers (French Securities Regulator – the AMF) entered into a memorandum of understanding (the MoU). Cooperation between these two sector based regulators is, for the most part, set against the background of, and aims at, a better (or, rather, burgeoning) regulation of the market for CO2 emission allowances and is grounded in the following principles: - both regulators undertake to transmit information necessary to fulfilling each other’s respective expanded legal mandate, i.e.: o protecting investments made in CO2 emission allowances (e.g. by detecting and punishing market abuses, i.e. insider trading, market manipulations, dissemination of false information) for the AMF and; o overseeing transactions made by market participants on the spot and derivatives markets for CO2 emission allowances to make sure that such transactions are in line with transactions made on the markets for electricity and natural gas for the CRE; - such mutual information is to notably take the form of regular bilateral meetings at various levels and mutual information may now cover data that the AMF had to keep confidential due to strict legal privilege restrictions applicable to its officers.

Translated Summaries

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

ENGLISH

Thematic Report (Energy): The French energy regulator publishes its first unfavorable opinion regarding the government’s proposed natural gas tariffs for residential customers.

The Commission de Régulation de l’Energie (CRE — French energy regulator) published an opinion “regarding the draft executive order regarding the regulated tariffs for natural gas publicly distributed by GDF Suez.” This non-binding opinion was published on September 29, 2011, and claims that it is not acceptable for the Government to leave natural gas prices unchanged because these prices do not cover GDF Suez’s costs and symmetrically prevent newcomers from competing with it.

ITALIAN

Relazione tematica (Energia): L’autorità di regolazione francese nel settore dell’energia ha reso pubblica il suo primo parere sfavorevole a proposito delle tariffe del gaz proposte dal governo per le utenze residenziali

La Commission de Régulation de l’Energie (CRE – l’autorità francese di regolazione nel settore dell’energia) ha reso pubblico un parare « riguardante la bozza di proposte di tariffe per il gaz naturale distribuito da GDF Suez ». Questo parere non vincolante è stato pubblicato il 29 settembre 2011 e afferma che non è possibile per il Governo di lasciare immutati i prezzi del gas naturale poiché questi prezzi non coprono i costi di GDF Suez e, al contempo, impedisce ai nuovi operatori di competere con tali costi.

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Other translations forthcoming.

 

 

 

 

Full reference: Frison-Roche, M.-A., Difficulty of Compliance in Self-Regulation system: example of the Summer 2020 meetings of OPEC about the "conformity"​ for Oil Market Stability​, Newsletter MAFR - Law, Compliance, Regulation, 26th of August 2020

Read by freely subscribing other news of the Newsletter MAFR - Law, Compliance, Regulation

 

Summary of the news

The world production of oil is largely coordinated by the Organization of the Petroleum Exporting Countries (OPEC) and especially by its Joint Ministerial Monitoring Committee (JMMC). On 15th of July 2020, this Committee decides to reduce the world production of oil in order to maintain a certain price stability in a context of restricted demand because of the COVID-19 pandemic. 

However, such a stability can be maintained only if each member respects this decision and effectively reduce its production level. This meeting of 15th of July also aimed to get member's conformity. In order to get this conformity, the JMMC declared that it will use "name and shame", shaming countries which do not respect the Committee's declaration and naming those which respect it. A second meeting, on 19th of August 2020, reminded to non-compliant countries their obligation and urged them to comply before the 28th of August. 

We can observe two things: 

• The term used by the Committee is "conformity" and not "compliance", which implies less adherence to "monumental goals than the mechanical respect of formal rules.
• In an self-regulation system where there is not supposed to be a need for "conformity", the need for it is a clue that this self-regulation is malfunctioning.

Main information

The Federal Communications Commission (FCC) announces that it will reclassify broadband Internet service as a Telecommunications Service, in order to overcome the ruling by the United States Court of Appeals for the District of Columbia on April 6, 2010, which found that the FCC’s approach to network neutrality lacked sufficient legal basis.

On 7 June 2012, in Copenhague, at the Institute of International Finance (IIF) analysed the impact of the new regulatory regime on banks, credit and systemic risk and the new challenges facing Europe. He took act that Zero growth is expected, european unemployemt is at 10%, many firms have difficulties to finance new projects and spending for innovation is down. I said that European leaders need to do more, even if they have already done much. They are obtaining a new fiscal compact, which requires very strict rules on government deficits and agreed on a close coordination of our national economic policies, notably though the "European semester" including a collective right to review the annual budget of each Member State before it is finalised. But to restore the citizens’ trust, Regulation must be developped.

In the Unites States, the Federal Act, the Interstate Wire Act, is now performed by the Department of Justice as that only prohibiting sports betting and not poker online. In addition, States have to make arrangements if they want to liberalize the game of poker online. In February 2012, there is that many States have explicitly maintained the ban, only having liberalized and permits issued for Nevada.

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