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In both countries powers were conferred upon regulatory agencies, namely the power to settle disputes on access to the networks. The aim of the article is to understand the rationale of such powers. If we try to understand the historical genesis of these powers, we may unearth some differences between the two countries. In France, Parliament want to foster an economic system based on fairness and therefore puts in place disputes resolution mechanisms in order to provide to the weakest party a swift and effective remedy. In the UK on the other hand, only the influence of economic theories has justified such an evolution. But, if we try to focus on more structural elements, it appears that, in both countries, it is the shortcomings of private law that explain the evolution.