The Limits of Competition Law: Markets and Public Services by Tony ProsserThe Limits of Competition Law: Markets and Public Services by Tony Prosser

The Limits of Competition Law: Markets and Public Services

byTony Prosser

Hardcover | July 13, 2005

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To what extent should public services (for example public utilities such as telecommunications, energy, public transport and postal services) be subject to ordinary competition law? This question has assumed great importance in the context of the activities of European Union.On the one hand, it is argued (particularly in France) that competition law is a threat to the values of public services that underlie their distinctive objectives. On the other, the 'Anglo-Saxon' argument is that protecting public services from competition gives them an unfairly protected positionand can mask their inefficiencies.This book examines the philosophical, political, economic, and social principles involved. Prosser contrasts the mainly economic and utilitarian justifications for the use of competition law with rights- and citizenship-based arguments for the special treatment of public services, and examines thevaried conceptions of the differing traditions in the UK, France, and Italy.Prosser then considers the developing European law in this area. He examines decisions of the European Court of Justice, considers the development of the concept of 'services of general interest' by the Commission, and reviews the liberalization process in telecommunications, energy, and postalservices. He also provides a detailed case-study of public service broadcasting.The book concludes by drawing general principles from the debates about the extent to which public services merit distinctive treatment and the extent to which competition law must be amended or limited to respect their distinctive roles.
Tony Prosser is Professor of Public Law at the University of Bristol.
Title:The Limits of Competition Law: Markets and Public ServicesFormat:HardcoverDimensions:288 pages, 9.21 × 6.14 × 0.84 inPublished:July 13, 2005Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199266697

ISBN - 13:9780199266692

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Table of Contents

1. Setting the Scene2. The Philosophical Basis for the Argument3. The UK Approach to Public Service and the Law4. The New UK Public Service Law5. The Continental Tradition of Public Service6. The European Community Legal Approach to Competition and Public Services7. Services of General Interest, the Commission, and Reform8. Opening Utility Markets and Public Service9. Public Service Broadcasting: a Special Case10. ConclusionBibliography