"The role of the European Court of Justice in the design of regulatory space"

This paper analyses the role of the European Court of Justice (hereafter referred to as the Court) when it assesses the legality of state intervention in the universal services sectors. The Court, it is argued, plays a crucial role in defining the role of the law in the regulatory regime, shaping regulatory structures and allocating regulatory authority. The regulation of universal services, such as the utilities services, is dominated by the idea that the influence of market forces ought to be attenuated: member states introduce measures such as public monopolies and the granting of special and exclusive rights to privileged undertakings; these forms of state intervention hinder the free movement of goods and distort competition