The temptation to entrust energy regulation to the Polynesian Competition Authority[La tentation du transfert de la régulation de l'énergie à l'Autorité polynésienne de la concurrence]

Faced with evidence of inefficient regulation of network industries in French Polynesia, a draft law of the country (loi du pays) introduced in 2024 aimed to assign energy regulation to the Polynesian Competition Authority (APC). However, in light of opposition from some quarters, the Bill – initially intended to be submitted to the legislature – was ultimately withdrawn in December 2024. This paper shows that the proposed law was, in fact, incapable of improving the efficiency of energy regulation in French Polynesia. It preserved significant prerogatives for the government department in charge of energy, relegating the APC to a primarily consultative role, the allocated human and financial resources were insufficient, and the proposed new organisation risked creating internal conflicts and compromising the independence and impartiality of the APC. While the APC continues to advocate for this sectoral regulatory power to be granted to it – considering even an extension to telecommunications – our analysis calls for increased vigilance regarding any future projects of this kind. The well-documented drawbacks of merging competition and regulatory authorities could, moreover, be easily avoided in French Polynesia through cooperation with mainland French regulatory authorities.