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Market Access and Regulatory Competition ^*

Catherine Barnard and Simon Deakin ^**

• Abstract
• 1. Introduction
• 2. Regulatory competition: theoretical underpinnings
• 3. Competitive Federalism and Market Access in the EU
  • 3.1 The Logic of Competitive Federalism in the EU
  • 3.2 Formal v. substantive access to the market
    • Category 1: substantive access required, discrimination irrelevant
    • Category 2: substantive access and a discrimination test, with a presumption of hindrance to market access
    • Category 3: a discrimination test, but no presumption of hindrance to market access
    • Category 4: formal access test
  • 3.3 Justifying factors
• 4. Reflexive harmonisation and experimentalism: a means to balance market integration and national diversity in the EU?
• 5. Conclusions

* This paper was first delivered at a workshop on "The Legal Foundations of the Single Market: Unpacking the Premises" held in Cambridge on 27-28 April 2001 and sponsored by the British Academy and the Centre for European Legal Studies at Cambridge entitled. The proceedings of the workshop will be published by Hart Publishing in 2002 in a book edited by C.Barnard and J.Scott.

** Trinity College and Peterhouse, Cambridge respectively. We should like to thank Tammy Hervey for her comments as discussant.

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© Catherine Barnard and Simon Deakin 2001