Services of General Economic Interest and EC Competition Law

This chapter examines how competition law applies to the actions of the State when it intervenes in the market through undertakings which it controls or owns or which it places in a privileged position. The discussion includes the principle of Union loyalty in Article 4(3) TEU; Article 106(1); Article 106(2); and the Commission’s supervisory and policing powers in Article 106(3). Article 106(1) is a prohibition addressed to Member States against enacting or maintaining in force any measure in relation to public undertakings or undertakings to which they have granted special or exclusive rights which are contrary to the Treaty rules. The chapter discusses what is meant by ‘public undertakings’ and ‘special or exclusive rights’ and examines in the light of the case law what measures are forbidden by Article 106(1), including those involving the cumulation of rights, the extension of a dominant position from one market to another, and the creation of situations of inequality of opportunity. Article 106(2) gives a limited derogation from Article 106(2) to undertakings entrusted with the operation of services of general economic interest (SGEIs). The chapter discusses the concept of ‘services of general economic interest’ and examines the cases in which the derogation has been applied or not applied, including the application of Article 106(2) to compensation for the provision of SGEIs which constitutes State aid. The chapter also considers Article 106(3) and the question of the direct effect of Article 106(1) and (2).

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8. Competition, The State, and Public Undertakings

10.1093/law/9780198723424.003.0008 ◽

2016 ◽

Author(s):

Alison Jones ◽

Brenda Sufrin

Keyword(s):

Direct Effect ◽

Competition Law ◽

State Aid ◽

The State ◽

Economic Interest ◽

Privileged Position ◽

General Economic Interest ◽

Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines how competition law applies to the actions of the State when it intervenes in the market through undertakings that it controls or owns or which it places in a privileged position. The discussions include the limits of competition law; Article 4 TEU; Article 106; the direct effect of Article 106(1) and (2); Article 106(3); and services of general economic interest and state aid.

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Services of General Economic Interest in EU Competition Law

10.1007/978-94-6265-387-0 ◽

2020 ◽

Author(s):

Lei Zhu

Keyword(s):

Competition Law ◽

Economic Interest ◽

Eu Competition Law ◽

General Economic Interest

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EVOLUTION OF LEGAL REGULATION OF SERVICES OF GENERAL ECONOMIC INTEREST IN UKRAINE

Polonia University Scientific Journal ◽

10.23856/4625 ◽

2021 ◽

Vol 46 (3) ◽

pp. 195-201

Author(s):

Bohdan Veselovskyi

Keyword(s):

Historical Development ◽

Competition Law ◽

Legal Regulation ◽

Economic Interest ◽

The European Union ◽

Legal Tradition ◽

Strategic Actions ◽

General Economic Interest ◽

Legislative Changes ◽

The Eu

The purpose of the article is to show in the historical development the formation of the institute of services of general economic interest (SGEI) in the Ukrainian legal tradition under the influence of European integration strategic actions. One of such actions is the harmonization of Ukrainian legislation with the law of the European Union. SGEI, in the context of another "legal novelty" for Ukraine as state aid as part of competition law, have changed the existing approaches to the distribution of already known subsidies and grants. A set of new rules forced the state authorities to adhere to clear rules, failure to comply with which is fraught with real sanctions. In the course of the study, it was revealed that the institute of SGEI has already found its reflection and practice in the Ukrainian legal system. But at the same time, all norms of legislation on services of general economic interest do not correspond to the practice of the EU, and legislative changes are necessary to launch reforms in this area.

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Slovenian Complementary Health Insurance as a Service of General Economic Interest

Central European Public Administration Review ◽

10.17573/ipar.2015.1.03 ◽

2015 ◽

Vol 13 (1) ◽

pp. 49-67 ◽

Cited By ~ 2

Author(s):

Bruno Nikolić

Keyword(s):

Health Insurance ◽

Public Interest ◽

Essential Element ◽

Competition Law ◽

Internal Market ◽

Economic Interest ◽

Member States ◽

The Public ◽

Regulatory Measures ◽

General Economic Interest

Slovenian legislation defines complementary health insurance as an activity of the public interest, which represents an inseparable and essential element of healthcare system and as such pursues objectives identical to those of compulsory health insurance – financial security of population against high healthcare expenses and appropriate and fair access to efficient and quality healthcare. EU Member States often introduce different regulatory measures to safeguard the public interest in the field of economic activities. These measures often contravene the Union acquis (the rules on the functioning of the internal market and competition law), which is in principle unacceptable. This article aims to define Slovenian complementary health insurance as a service of general economic interest, which opens up new prospects for the Member States’ adoption of the regulatory measures that are not compliant with therules on the functioning of the internal market and EU competition law.

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EC Competition Law

10.1017/cbo9780511805523 ◽

2007 ◽

Cited By ~ 52

Author(s):

Giorgio Monti

Keyword(s):

Competition Law ◽

Ec Competition Law

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A Solution to the Problems? Regulation 1/2003 and the modernization of competition procedure

Zeitschrift für Wettbewerbsrecht ◽

10.15375/zwer-2003-0201 ◽

2003 ◽

Vol 1 (2) ◽

pp. 107-135 ◽

Cited By ~ 4

Author(s):

Frank Montag ◽

Andreas Rosenfeld

Keyword(s):

Law Enforcement ◽

Competition Law ◽

Basic Principles ◽

Radical Reform ◽

Competition Law Enforcement ◽

Ec Competition Law

Abstract On 16th December 2002 the Council adopted Regulation (EC) No. 1/2003 on the implementation of rules on competition laid down in Articles 81 and 82 of the Treaty. This Regulation will not only replace the 40-year-old Regulation 17/ 62 but constitutes a radical reform of EC competition law enforcement. The purpose of this article is to analyse the basic principles of the new Regulation and the implications for current and future competition proceedings.

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