Electronic communications operators can be exposed to two types of ex ante measures – merger remedies and regulatory measures. Although in a merger control procedure competition authorities prefer structural remedies, these seem to be less adapted to the electronic communications sector, since communications operators naturally tend to concentrate. Given that the electronic communications sector is characterised by economies of scale and a network effect, behavioural remedies seem more appropriate. In EU sector-specific legislation, regulatory measures that can be imposed on operators with significant market power can be defined as behavioural as well. This can make the difference between the two types of measures even vaguer. However, the difference should be found in the very purpose of state intervention. Competition law should not be used to make an existing market more competitive, unless some element of the market is illegal. Conversely, regulation only requires that some form of conduct is considered undesirable for some reason (it need not necessarily be illegal). Unfortunately, on several occasions, the European Commission (mis)used competition law powers to regulate the market. Should this approach be applied extensively, it would result in the creation of what could be defined as hybrid competition law.

This paper addresses the question of the relative importance of economic and regulatory (administrative) factors on the profitability of various components of a fishing fleet. The argument is that, while the official purpose of most regulatory measures is resource conservation, these measures may significantly influence the relative levels of incomes generated by various components of the fleet. When a large part of fisheries management is under the control of fishermen themselves, this illustrates how the endogenous generation of rules by groups of users may affect both economic efficiency and equity. The analysis relies on a field survey of a small-scale inshore fishing fleet of the Northwest part of Brittany (France),which provided data for simulations concerning the impact of various factors on the profitability of boats. According to the results of these simulations, two regulations, concerning the cost of access to some resources and the control of fishing effort, play a significant role in the difference of profitability observed according to boat size. At a time when the ageing of the fleet opens the question its renewal, this might influence durably the dynamics of the fishery.