"“the Commission has de facto become the regulator of regulators, as it employs competition law to oversee national regulators when the latter perform their duties in a manner the Commission deems incorrect.
However, the fact that a dominant firm, while subjected to detailed regulatory access and pricing requirements, might be held liable for its ‘omission’ to protect its competitors’ profit margins seems problematic from an EU competition law standpoint. First, it is difficult to maintain that an undertaking has sufficient scope for autonomous conduct, when it is subjected to ex ante regulation. Second, the rule requiring the dominant firm to intervene in the regulatory process and protect the market position of its competitors by adjusting or negotiating its retail prices with the regulator, runs contrary to the fundamental premise of EU competition law, which is concerned with the protection of the competitive process and not of the competitors. It further connotes an affirmative duty of the dominant firm which cannot, however, be imposed under competition law