2022 Volume 6 Issue 1 Pages 133-149
For so-called public utilities, a series of distinctive administrative regulations (sector specific regulations) are in place, including entry and exit regulations, rate regulations, universal service and so forth. The administrative organization responsible for such regulations is also an important issue. The German legal system is unique in both points, and a discipline called "Regulierungsrecht" has been established. In particular, the German legal system is distinctive with regard to the administrative bodies responsible for the enforcement of sector specific regulations. The Federal Network Agency (Bundesnetzagentur) is the enforcer of administrative and regulatory law for electricity, gas, telecommunications, postal services, and railroads, and it is an agency with a certain degree of independence from the federal government (1).
The Agency currently has 10 bureaus and 11 “Ruling Chambers”, and important cases are adjudicated by this chamber as a collegial body (2). The agency is characterized by its "independence," which is multifaceted and can be divided into (a) separation of ownership and regulation, (b) distance from business operators, (c) exclusion of political influence, and (d) separation from the competition authorities (3). The purpose of this paper is to confirm the implications on Japanese law that can be drawn from the institutional design of the German Federal Network Agency and the discussions surrounding it (4).
