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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.