Table of contents for The limits of competition law : markets and public services / Tony Prosser.

Bibliographic record and links to related information available from the Library of Congress catalog.

Note: Contents data are machine generated based on pre-publication provided by the publisher. Contents may have variations from the printed book or be incomplete or contain other coding.


Counter
Contents
Table of Cases x
Table of Statutes xi
Table of European Cases xvi
Table of European Legislation xviii
1. Introduction: Setting the Scene 1
Tensions between Markets and Competition Law and Public Service: The International Dimension 4
Tensions between Competitive Markets and Public Service: Some UK Examples 7
The Scheme of the Book 14
Conclusions 16
2. Competition Law, Citizenship Rights, and Social Solidarity 17
The Justifications for Competition Law 17
Competitive Markets and Public Services 20
Can Competition Law Internalize Public Service Values? 24
Citizenship Rights and Public Services 28
Social Solidarity and the Role of the State 35
Conclusion 37
3. The UK Approach to Competition Law and Public Services 39
The Common Law 39
Public Ownership 41
Privatization and Regulation 44
The New Competition Law 47
The Regulators' Concurrent Powers 52
The BetterCare Decision 54
Special Treatment for Public Services 57
Conclusions 64
4. Regulation and the New UK Public Service Law 66
Introduction 66
The Regulators' Statutory Duties 67
Social and Environmental Guidance and Consumer Representation 74
Social Regulation in Practice 77
Conclusion 93
5. The Continental Tradition of Public Service 96
Introduction 96
France 98
Italy 113
6. Public Service and European Community Law 121
Introduction 121
State Monopolies and Article 31 124
The General Rules of Competition Law and Article 86 125
Services of General Economic Interest and the Article 86(2) Exception 132
Public Services and State Aids 141
The Choice of the Holder of Exclusive Rights and the Recipient of State Aids 149
Conclusion 151
7. Services of General Interest, the Commission, and Reform 153
Introduction 153
The Background: Conflicting Values and Models 153
The 1996 Communication on Services of General Interest in Europe 156
The Amsterdam Treaty 159
The 2000 Communication on Services of General Interest in Europe 161
Developments Since the 2000 Communication: Towards a Framework Directive? 163
The 2003 Green Paper 165
Consultation and the White Paper 169
The Convention and the Constitutional Treaty 171
Conclusion 172
8. European Liberalization and Public Service Obligations 174
Introduction 174
Telecommunications and Electronic Communications 177
The Energy Sector 188
Postal Services 198
Transport 203
Conclusions 205
9. Public Service Broadcasting: A Special Case 207
Introduction 207
The Meaning of Public Service Broadcasting 208
European Law and Public Service Broadcasting 211
Public Service Broadcasting in the UK 222
Conclusions 232
10. Conclusions 235
Conflicting Values 235
The Role of Public Service Law 237
Choosing the Public Service Provider and Supervisory Institutions 241
Concluding Remarks 244
Bibliography 247
Index 00

Library of Congress Subject Headings for this publication:

Competition, Unfair -- European Economic Community countries.
Public utilities -- Law and legislation -- European Economic Community countries.
Municipal services -- Law and legislation -- European Economic Community countries.
Competition, Unfair -- Great Britain.
Public utilities -- Law and legislation -- Great Britain.
Municipal services -- Law and legislation -- Great Britain.