Diskussionsbeiträge // Institut für Verkehrswissenschaft und Regionalpolitik 132
The focus of this paper is on regulatory reforms towards rule-based regulation. The theory of monopolistic bottlenecks is contrasted with the concept of essential facilities and the so-called three-criteria test. It is important to differentiate between efficient private bargaining of access conditions among competitive networks and regulated third party access to monopolistic bottlenecks. Regulation of infrastructure access charges should be limited exclusively to price-capping. In order to avoid the problem of extensive discretionary behavior of regulatory agencies a disaggregated regulatory mandate should be implemented.