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Policy Makers
Are you a Public Policy Maker, working for a government? You may be looking for help on policy design
Liberalisation policy and legislationLiberalising a market needs a clear strategy, and good analyses of what to expect. Its legislation should provide for all the necessary instruments for keeping liberalisation on course, and safeguarding non-market driven public interests in the process. Regulaid can help you make the thorough analyses, the right decisions and adequate legislation. for introducing competition to a sector, drafting the necessary legislationLiberalisation policy and legislationLiberalising a market needs a clear strategy, and good analyses of what to expect. Its legislation should provide for all the necessary instruments for keeping liberalisation on course, and safeguarding non-market driven public interests in the process. Regulaid can help you make the thorough analyses, the right decisions and adequate legislation. and establishing the regulatory institutional arrangementsInstitutional landscapingWhen opening up markets for competition, it is important to redesign and regularly re-evaluate the ‘landscape’ of institutions that safeguards good regulation. Is a sector regulator necessary or can the general competition authorities cope? Should all network sector regulators be combined or should they be separate? How should sector regulators and competition authorities work together? Regulaid can help you make or review this configuration. Also, Regulaid can advise on adequate appeal processes with the right balance between legal protection and regulatory uncertainty. and tools. You may want to train your policy staffTraining programs for regulatory staffGood regulation is a rare skill and good regulatory staff is hard to find. You can often find people with the right theoretical expertise in one or more aspects of the work, but they need to be trained to master the skills of good regulation and, if they come from other sectors, get acquainted with the special characteristics of the industry. Regulaid can organise custom made training programs for regulatory staff, with a mix of teachers from Regulaid and from the international regulatory and business community. in looking at markets in new ways – what to do, what to avoid? You could be interested in market surveys for policy objectives, or you want to identify market-oriented tools to safeguard public policy goalsCompetition-neutral support of non-market driven public interestsA classical mistake in designing liberalisation is to assume that the market will take over the fulfilment or protection of any public interest. Some there are public policy objectives are not (or not automatically) supported by market forces or are even potentially harmed by them (e.g. adequate provision of service in scarcely populated areas). There are methods to support these public interests in ways that are as much as possible in conformity with the introduction of market forces, in stead of working against them and disturbing competition. Regulaid can help you to identify public interests that need special attention when introducing competition to a sector, and design market-neutral measures to support or protect them. that could be damaged by market liberalisation. Producing benchmark dataBenchmarking and best practiceProducing international or inter-industry comparative data about regulatory measures and their results are an excellent way to test the quality of regulation, although it is important to make sure that comparisons are made on an equal basis. Benchmark data can confirm an approach or raise questions about its outcome, justifying additional investigations to explain the inexplicable. Regulaid can provide benchmark data, test the basis of comparison in benchmark studies and help explain the reasons of on market performance and regulation can improve your insight of situations. For all this, you can use Regulaid.
Regulators
Are you a Regulatory Authority, trying to create the best value for consumers and a level playing field for competition? You may want to help policy makers getting things right when designing policy and legislationLiberalisation policy and legislationLiberalising a market needs a clear strategy, and good analyses of what to expect. Its legislation should provide for all the necessary instruments for keeping liberalisation on course, and safeguarding non-market driven public interests in the process. Regulaid can help you make the thorough analyses, the right decisions and adequate legislation.. You probably strive to establish good co-operation mechanisms with the other institutionsInstitutional landscapingWhen opening up markets for competition, it is important to redesign and regularly re-evaluate the ‘landscape’ of institutions that safeguards good regulation. Is a sector regulator necessary or can the general competition authorities cope? Should all network sector regulators be combined or should they be separate? How should sector regulators and competition authorities work together? Regulaid can help you make or review this configuration. Also, Regulaid can advise on adequate appeal processes with the right balance between legal protection and regulatory uncertainty. involved in the regulation of your sector. Building your institutionBuilding independent regulatory authoritiesThe quality and independence of regulatory authorities are of economic value. Institutional safeguards for independence help build investors confidence. Regulators need a flexible organisation to respond to markets changing and disputes peaking. Recruiting and training of quality staff is essential, with knowledge of regulatory matter, the skill of good regulation, efficient process management and accountability. Regulaid can advise and assist in the building of regulatory authorities, or in their frequent evaluation and improvement., your tool kitTool kit reviews for regulation and complianceMarket behaviour, as all human behaviour, is difficult to predict. But there is a great deal of experience about forms of market disturbance and abuse of dominance, for which market regulation provides answers. As a contrast to competition law, ex ante sector regulation is not aimed at punitive measures, but seeks to prevent and correct structural behaviour characteristics in circumstances of flawed market discipline, due to lack of competition and/or concentration of market power. There are many well-known remedying tools that a market regulator should be able to apply. These remedies are the ?rules of the game? market players should live by. Also, a regulator needs tools to enforce compliance to these rules if need be, and tools to conduct investigations and due process. Regulaid can help define and design an adequate tool kit., your process managementTool kit reviews for regulation and complianceMarket behaviour, as all human behaviour, is difficult to predict. But there is a great deal of experience about forms of market disturbance and abuse of dominance, for which market regulation provides answers. As a contrast to competition law, ex ante sector regulation is not aimed at punitive measures, but seeks to prevent and correct structural behaviour characteristics in circumstances of flawed market discipline, due to lack of competition and/or concentration of market power. There are many well-known remedying tools that a market regulator should be able to apply. These remedies are the ?rules of the game? market players should live by. Also, a regulator needs tools to enforce compliance to these rules if need be, and tools to conduct investigations and due process. Regulaid can help define and design an adequate tool kit. and your staffTraining programs for regulatory staffGood regulation is a rare skill and good regulatory staff is hard to find. You can often find people with the right theoretical expertise in one or more aspects of the work, but they need to be trained to master the skills of good regulation and, if they come from other sectors, get acquainted with the special characteristics of the industry. Regulaid can organise custom made training programs for regulatory staff, with a mix of teachers from Regulaid and from the international regulatory and business community. is what you worry about every day. Mastering the skill of market analysisMarket and competition analysis and monitoringRegulation must be based on a thorough understanding of markets. A thorough competition analysis of the markets is the crucial basis of all regulation. Not only the definition of the relevant market in terms of competition law, but also the analysis of competitive market forces and players with significant market power. Good regulation also implies that market analysis is not an isolated activity, but is supported by a more permanent system of market monitoring that can pick up trends and problems. Regulaid can help setting up and perform a program of market analyses as well as setting up a more permanent market monitoring system, or give an authoritative second opinion on a draft market review. and applying appropriate remediesProportionate regulatory remedies designAfter a market is professionally delineated according to competition law, market analysis will show whether there are structural flaws in the disciplining forces of the market cutting out niches where market power can prevent competition from taking root, or to do its work. If that is the case, remedies must be found with the use of the regulatory ‘tool kit’. It is particularly important to design regulation that does not perpetuate itself. Good regulation strikes a balance between short term protection of consumers and market entry, and long term dynamic development of competition and investment. The aim is to create a situation in which consumers and market entrants can protect themselves. Remedies must be ‘proportionate’, meaning that they should not intervene more deeply than is justified by the nature of the problem they aim to address. Regulaid can help you identify and design appropriate and proportionate remedies for markets where competition is (not) yet fully effective. is what your work is all about. Remedies involving network accessNetwork access, interconnection regulation and interoperabilityIn network sectors, the most crucial factor in competition is to get access to a competitor?s network on reasonable conditions. Network access and interconnection are among the highest cost factors, and are likely to be (seen as) the principal instrument for vertically integrated operators to prevent market entry or to raise their rivals costs. Regulatory methods can be designed for guaranteeing a level playing field in gaining network access and interconnection, e.g. by price control systems preventing market foreclosure but also sustaining investment; reference offers that establish transparency and non-discrimination; collocation rules for physical interconnection, etc. Also, decisions must be taken to determine the level to which networks and services must be interoperable and access to one network automatically means access to all. Regulaid can help design and apply regulation for network access, interconnection and interoperability., price regulationRegulatory accounting separation and cost allocation modellingOne of the most important requirements for good regulation is a sound basis in the cost accounting systems in a regulated sector. Good regulation tries to approach as much as possible the conditions that would exist in a situation of effective competition. In competitive markets, prices tend to stabilise on a level just above efficient costs, plus a reasonable rate of return reflecting the risk profile of investment. That is why for most regulation involving prices, cost levels have to be assessed and cost allocation choices reviewed. Modern costing models like Long Range Incremental Cost help to filter out historic influences on cost levels. Regulaid can help build such systems and/or their application in markets., market transparencyMarket intransparency and barriers against switchingConsumers who become aware of their option to switch, may not have access to information about price and quality of service, in a transparent way that facilitates comparison and choice. Suppliers do not always see it as their best interest to provide such transparency. In this way, even after formally introducing competition, a market may suffer of lethargy creating opportunities for abuse of market power, like excessive pricing or quality erosion. As customers become more aware of switching options, incumbent suppliers may not only improve the price-quality ratio of their offer, but may also try to introduce barriers against switching, e.g. extremely long contract terms, bundling products under competitive threat to products in unchallenged markets and withholding cooperation to a customers switch. Regulaid can help design measures to improve transparency and lower barriers against switching. are core business to you, sometimes using benchmarksBenchmarking and best practiceProducing international or inter-industry comparative data about regulatory measures and their results are an excellent way to test the quality of regulation, although it is important to make sure that comparisons are made on an equal basis. Benchmark data can confirm an approach or raise questions about its outcome, justifying additional investigations to explain the inexplicable. Regulaid can provide benchmark data, test the basis of comparison in benchmark studies and help explain the reasons of and (in telecommunications markets) the allocation of scarce resources like spectrumDesigning market oriented radio spectrum control and -allocationIntroducing competition to the communications industries calls for fundamentally reviewing policies and methods for the planning and allocation of radio frequency spectrum. Spectrum planning must allow for the introduction of parallel (competing) services in stead of optimized functional use. Allocation mechanisms must be redesigned to offer a level playing field for incumbent and new entrant market players alike, as well as supporting public policy objectives (e.g. network roll out, content diversity). Regulaid can help introducing this new way of looking at spectrum policy, as well as implement it from radio spectrum planning to setting up licence tenders and/or auctioning procedures. and numbersNumbering plans and allocationEvery telephone number is an address used to identify an individual customer on a network. Hence the saying ?Who has the numbers, owns the market?. When introducing competition to communications markets, numbering plans must be reviewed to allow for the allocation of sufficient numbers to competitors in every service category, avoiding shortage and guaranteeing objectivity in the allocation process. For specific types of numbers, individual allocation procedures can be designed, even including auctions. Regulaid can help designing numbering plans and allocation methods and ?organisations.. You feel the pressure of many disputesDispute resolution and mediationMany regulatory problems in a newly liberalised market are solved by way of dispute resolution. No regulator can foresee the specific creativity of companies launching new initiatives for which existing regulation does not provide clarity. Subsequently, disputes arise that must lead to new solutions. Regulaid can assist regulators and/or parties in a dispute in resolving issues either by mediation or by making proposals for rulings. waiting for a ruling, but you also want to find time for your own compliance controlCompliance investigations and enforcement planningAs with every rule, compliance to market regulation is not self-evident. Regulators must act to make sure market players abide by the rules, especially if non-compliance is not easily detected by competitors or consumers. As it is impossible (and unwise) to impose an omnipresent control on market processes, a selective approach must be designed in which priorities are set and methods of compliance investigation are identified that are the least burdensome for the industry but the most effective for the stakeholders. Regulators staff must be trained in investigation methodology and ?street smartness?, respecting legal constraints. Regulaid can help set up compliance programs and training for compliance staff. program. In all of these matters, Regulaid can help you.
Market Players
Are you a Private Company whose business very much depends on good regulation of the market? You may be interested in influencing the regulatory policyLiberalisation policy and legislationLiberalising a market needs a clear strategy, and good analyses of what to expect. Its legislation should provide for all the necessary instruments for keeping liberalisation on course, and safeguarding non-market driven public interests in the process. Regulaid can help you make the thorough analyses, the right decisions and adequate legislation., legislationLiberalisation policy and legislationLiberalising a market needs a clear strategy, and good analyses of what to expect. Its legislation should provide for all the necessary instruments for keeping liberalisation on course, and safeguarding non-market driven public interests in the process. Regulaid can help you make the thorough analyses, the right decisions and adequate legislation. and institutional qualityInstitutional landscapingWhen opening up markets for competition, it is important to redesign and regularly re-evaluate the ‘landscape’ of institutions that safeguards good regulation. Is a sector regulator necessary or can the general competition authorities cope? Should all network sector regulators be combined or should they be separate? How should sector regulators and competition authorities work together? Regulaid can help you make or review this configuration. Also, Regulaid can advise on adequate appeal processes with the right balance between legal protection and regulatory uncertainty. the government is establishing in the sector where you try to make a successful business. You want to understand the regulatory rules and proceduresRegulatory consultation, communication and accountabilityBuilding confidence requires a great deal of transparent behaviour from the regulator. Predictability, due process, extensive consultation with clear conclusions, and accountability without loss of independence: they are all crucial principles of good regulation for establishing confidence. If properly applied, they will be worth the effort many times over in terms of market confidence and growth. Regulaid can help identify and define these processes and train regulatory staff in their application. and analyse marketsMarket and competition analysis and monitoringRegulation must be based on a thorough understanding of markets. A thorough competition analysis of the markets is the crucial basis of all regulation. Not only the definition of the relevant market in terms of competition law, but also the analysis of competitive market forces and players with significant market power. Good regulation also implies that market analysis is not an isolated activity, but is supported by a more permanent system of market monitoring that can pick up trends and problems. Regulaid can help setting up and perform a program of market analyses as well as setting up a more permanent market monitoring system, or give an authoritative second opinion on a draft market review. to formulate a regulatory strategyCorporate regulatory strategyGood regulation can be difficult for governments and regulators, but incomparably more challenging to individual companies whose results can depend to a great extent on this very complex matter. For them, it can be of capital importance to understand the regulatory situation in a certain market and/or in a certain country. They must take into account the rights and obligations, chances and challenges regulation imposes on the market players and build their market strategy partly on those insights. Often it can be necessary for companies to develop a strategy for getting regulation to take into account new aspects or interests, that were not identified before. Regulaid can help market players to take stock of and understand the regulatory situation, formulate a regulatory strategy and help implement it. for your company, including your influence on regulation in the sector e.g. price regulationRegulatory accounting separation and cost allocation modellingOne of the most important requirements for good regulation is a sound basis in the cost accounting systems in a regulated sector. Good regulation tries to approach as much as possible the conditions that would exist in a situation of effective competition. In competitive markets, prices tend to stabilise on a level just above efficient costs, plus a reasonable rate of return reflecting the risk profile of investment. That is why for most regulation involving prices, cost levels have to be assessed and cost allocation choices reviewed. Modern costing models like Long Range Incremental Cost help to filter out historic influences on cost levels. Regulaid can help build such systems and/or their application in markets. or market transparencyMarket intransparency and barriers against switchingConsumers who become aware of their option to switch, may not have access to information about price and quality of service, in a transparent way that facilitates comparison and choice. Suppliers do not always see it as their best interest to provide such transparency. In this way, even after formally introducing competition, a market may suffer of lethargy creating opportunities for abuse of market power, like excessive pricing or quality erosion. As customers become more aware of switching options, incumbent suppliers may not only improve the price-quality ratio of their offer, but may also try to introduce barriers against switching, e.g. extremely long contract terms, bundling products under competitive threat to products in unchallenged markets and withholding cooperation to a customers switch. Regulaid can help design measures to improve transparency and lower barriers against switching.. In a network sector like telecommunications, you are very much involved in matters of network access and interconnectionNetwork access, interconnection regulation and interoperabilityIn network sectors, the most crucial factor in competition is to get access to a competitor?s network on reasonable conditions. Network access and interconnection are among the highest cost factors, and are likely to be (seen as) the principal instrument for vertically integrated operators to prevent market entry or to raise their rivals costs. Regulatory methods can be designed for guaranteeing a level playing field in gaining network access and interconnection, e.g. by price control systems preventing market foreclosure but also sustaining investment; reference offers that establish transparency and non-discrimination; collocation rules for physical interconnection, etc. Also, decisions must be taken to determine the level to which networks and services must be interoperable and access to one network automatically means access to all. Regulaid can help design and apply regulation for network access, interconnection and interoperability. and allocation of scarce resources like spectrumDesigning market oriented radio spectrum control and -allocationIntroducing competition to the communications industries calls for fundamentally reviewing policies and methods for the planning and allocation of radio frequency spectrum. Spectrum planning must allow for the introduction of parallel (competing) services in stead of optimized functional use. Allocation mechanisms must be redesigned to offer a level playing field for incumbent and new entrant market players alike, as well as supporting public policy objectives (e.g. network roll out, content diversity). Regulaid can help introducing this new way of looking at spectrum policy, as well as implement it from radio spectrum planning to setting up licence tenders and/or auctioning procedures. or numbersNumbering plans and allocationEvery telephone number is an address used to identify an individual customer on a network. Hence the saying ?Who has the numbers, owns the market?. When introducing competition to communications markets, numbering plans must be reviewed to allow for the allocation of sufficient numbers to competitors in every service category, avoiding shortage and guaranteeing objectivity in the allocation process. For specific types of numbers, individual allocation procedures can be designed, even including auctions. Regulaid can help designing numbering plans and allocation methods and organisations.. You could get involved in disputesDispute resolution and mediationMany regulatory problems in a newly liberalised market are solved by way of dispute resolution. No regulator can foresee the specific creativity of companies launching new initiatives for which existing regulation does not provide clarity. Subsequently, disputes arise that must lead to new solutions. Regulaid can assist regulators and/or parties in a dispute in resolving issues either by mediation or by making proposals for rulings. or compliance proceduresCompliance investigations and enforcement planningAs with every rule, compliance to market regulation is not self-evident. Regulators must act to make sure market players abide by the rules, especially if non-compliance is not easily detected by competitors or consumers. As it is impossible (and unwise) to impose an omnipresent control on market processes, a selective approach must be designed in which priorities are set and methods of compliance investigation are identified that are the least burdensome for the industry but the most effective for the stakeholders. Regulators staff must be trained in investigation methodology and ?street smartness?, respecting legal constraints. Regulaid can help set up compliance programs and training for compliance staff.. You may employ your own regulatory staffTraining programs for regulatory staffGood regulation is a rare skill and good regulatory staff is hard to find. You can often find people with the right theoretical expertise in one or more aspects of the work, but they need to be trained to master the skills of good regulation and, if they come from other sectors, get acquainted with the special characteristics of the industry. Regulaid can organise custom made training programs for regulatory staff, with a mix of teachers from Regulaid and from the international regulatory and business community. that needs training. In coping with all these challenges, Regulaid can assist you.
Consultancy Firms
Are you Consultancy Firm looking for additional in-depth expertise and experience for regulation-related projects? Any of the above mentioned clients can seek your help involving any of the above-mentioned aspects. If you don’t have the specific expertise and experience on regulation, you can team up with Regulaid.