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Legal perspectives and regulatory philosophies on natural monopolies in the United States and Germany

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Wagner, Markus (2012) Legal perspectives and regulatory philosophies on natural monopolies in the United States and Germany. Working Paper. Miami: University of Miami. University of Miami Legal Studies Research Paper, 2012 (09).

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Official URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id...

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Abstract

The paper, a contribution to an interdisciplinary project bringing together scholars from the fields of history, economics and law from Germany and the United States, addresses the regulatory philosophies that underpin the regulation of the electricity markets in Germany and the United States. It challenges the traditional narrative that characterizes the United States as having a laissez-faire approach to regulation, while Germany (and with it most European countries) operates under a more state-driven model. This description blurs two concepts: liberalization and deregulation.

Starting soon after the invention of electricity in the 19th century, regulatory models emerged in both countries - oftentimes building on previous experience with railroads - that emphasized the public role that the electricity industry plays in modern societies. The paper traces the history of political thought in both countries from the beginning of electricity regulation until today, concluding that the example of network industries shows convergence rather than divergence.

Item Type: Working or Discussion Paper (Working Paper)
Divisions: Faculty of Social Sciences > School of Law
Series Name: University of Miami Legal Studies Research Paper
Publisher: University of Miami
Place of Publication: Miami
Official Date: 4 May 2012
Dates:
DateEvent
4 May 2012Published
Volume: 2012
Number: 09
Number of Pages: 31
Status: Peer Reviewed
Publication Status: Published
Access rights to Published version: Open Access
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